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2018 DIGILAW 490 (KER)

Vishnu Thampi v. Union of India

2018-06-26

P.V.ASHA

body2018
JUDGMENT : Petitioner, who had submitted an application for appointment to the post of Light Motor Vehicle Driver under the 3rd respondent, has filed this Writ Petition aggrieved by the non-inclusion of his name in the short list on the ground that he did not have the service badge. 2. The VSSC had issued Ext.P1 notification on 19.08.2017, inviting application for appointment to the post of Light Motor Vehicle Drivers. Petitioner had appeared in the written test conducted on 26.11.2017 and he was included in the list of successful candidates at Sl.No.39. He acquired the service badge as per Ext.P4 on 22.05.2018. Pursuant to Ext.P5 call letter, he appeared for verification of certificates on 04.06.2018. But in Ext.P6 short list of the persons qualified to appear in the skill test scheduled to be held from 04.06.2018 to 25.07.2018, his name is not included. Respondents have insisted that only those candidates who were having LVD licence and public service badge as on the date of application, are eligible to appear for the skill test. 3. Petitioner points out that the Apex Court has, as per Ext.P2 judgment dated 03.07.2017 (Mukund Dewangan v. Oriental Insurance Company Limited, (2017) 4 SCC 663 held that the effect of the amendment made by virtue of Act No.54/1994 with effect from 14.11.1994 by insertion of transport vehicle is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of light motor vehicle continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect. 4. In the above circumstances, the non-inclusion of the petitioner’s name in Ext.P6 list for participation in the skill test is illegal. 5. Heard the learned counsel for the petitioner and the learned ASGI. As the only reason for non inclusion of the petitioner in Ext.P6 list is the fact that he did not have the service badge as on the date of application, the said non-inclusion is illegal in the light of the law laid down by the Apex Court in Ext.P2 judgment. As the only reason for non inclusion of the petitioner in Ext.P6 list is the fact that he did not have the service badge as on the date of application, the said non-inclusion is illegal in the light of the law laid down by the Apex Court in Ext.P2 judgment. Accordingly there shall be a direction to the respondents to allow the petitioner to participate in the skill test which is being held on 25.07.2018 on any day in July, 2018, with due notice to petitioner.