Kerala High Court
Sumith P.B vs Union Of India on 25 September, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 9165 OF 2025
1
2025:KER:72639
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
WP(C) NO. 9165 OF 2025
PETITIONER:
SUMITH P.B
AGED 27 YEARS
S/O.BABU P.V POZHAMKANDATH (H),
MULAMKUNATHKAVU, P.O. M.G. KAVU,
THRISSUR, PIN - 680 581
BY ADVS.
SRI.T.SANJAY
SHRI.SANIL KUMAR G.
SMT.PRIYANKA RAJAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, NEW DELHI, PIN - 110 001
2 THE MINISTRY OF HOME AFFAIRS
REPRESENTED BY ITS SECRETARY,
NORTH BLOCK, NEW DELHI-, PIN - 110 001
3 STAFF SELECTION COMMISSION
REPRESENTED BY ITS REGIONAL DIRECTOR
(KERALA-KARNATAKA REGION),
1ST FLOOR, E WING, KENDRIYA SADAN,
KORAMANGALA, BENGALURU,
KARNATAKA, PIN - 560 034
WP(C) NO. 9165 OF 2025
2
2025:KER:72639
4 DIRECTORATE GENERAL
CRPF (RECRUITMENT BRANCH), EAST BLOCK-07,
LEVEL-4, SECTOR01, R.K. PURAM,
NEW DELHI, PIN - 110 066
BY ADVS.
SHRI.C.DINESH, CGC
SHRI.DAYASINDHU SHREEHARI N.S., SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9165 OF 2025
3
2025:KER:72639
T.R.RAVI.J
------------------------------------
WP(C) No.9165 of 2025
------------------------------------
Dated this the 25th day of September, 2025
JUDGMENT
The petitioner applied for the post of Constable in various Central Armed Police Forces and Paramilitary Forces as per Ext.P1 notification. The selection was subject matter of writ petitions before this Court and a learned Single Judge by a common judgment, directed the filling up of the vacancies. The respondents had preferred writ appeals against the common judgment and by judgment in WA No.1498 of 2022 and connected cases, the Division Bench directed filling up of 83 vacancies. The respondents thereafter appointed 73 candidates. The petitioner did not get appointment on the ground that he did not secure sufficient marks. It is submitted that Special Leave Petitions are pending before the Hon'ble Supreme Court at the instance of the candidates including the petitioner.
2. This writ petition has been filed stating that the WP(C) NO. 9165 OF 2025 4 2025:KER:72639 petitioner subsequently got information under the Right to Information Act, that the mark he has scored is 45.58969 and not 43.58969. It is hence submitted that the earlier rejection of his claim was on the basis of a mistaken fact and if 45.58969 is taken as the mark obtained, he will be entitled to appointment.
3. Counter affidavit has been filed stating that the marks shown in the reply under the Right to Information Act are not correct and the actual score is 43.58969.
4. This Court had directed the respondents to place on record the manner in which the normalisation of the mark was done and the formula which was adopted and the actual numerical figures representing each item of the formula. Thereafter, the details have been provided. This Court is not an expert regarding the statistical formula which was placed on record. However, it is evident from the numerical figures representing each of the item in the formula that there is substance in what is stated by the respondents regarding the mark which has been given. This Court cannot proceed WP(C) NO. 9165 OF 2025 5 2025:KER:72639 merely on the basis of the information received under the Right to Information Act and the records which are made available would show that there is an error in the information supplied to the petitioner under the Right to Information Act. This Court hence does not find any reason to re-open the issue which has been settled by the earlier judgment. The writ petition fails and is dismissed.
5. Before parting with the case, this Court takes serious notice of the information supplied to the petitioner as per Exts.P5 and P6, whereby the petitioner has been informed that the normalised score for the raw score of 35 obtained by him is 45.58969. It is only this wrong information that had prompted the petitioner to move this Court again with this writ petition. The purpose of the Right to Information Act is to provide information to the persons seeking information and the information that is supplied is expected to be correct. The very purpose of the enactment will be lost if the persons concerned start supplying wrong information whether intentionally or due to negligence. This Court hence feels it is only appropriate that a nominal cost WP(C) NO. 9165 OF 2025 6 2025:KER:72639 should be imposed on the concerned officers who are responsible for this mistake which would serve as a warning to persons who are appointed as Information Officers, to ensure that they supply proper information. Hence, though the prayers in the writ petition are not granted, the writ petition is kept open for taking further action on the above aspect.
6. There will be a direction to the respondents to place on record the details of the officers who are responsible for issuing Exts.P5 and P6 and persons who can be held liable for supplying the wrong information. The respondents shall also inform these persons about the proposed action by the Court. The information shall be supplied within two weeks from today.
Post on 16.10.2025.
Sd/-
T.R.RAVI sn JUDGE WP(C) NO. 9165 OF 2025 7 2025:KER:72639 APPENDIX OF WP(C) 9165/2025 PETITIONER'S EXHIBITS Exhibit P.1 TRUE COPY OF THE NOTIFICATION DATED 21.07.2018 ISSUED BY THE SSC Exhibit P-2 TRUE COPY OF THE MARKS I.E 43.58969 (FINAL SCORE NORMALIZED) IN RESPECT OF THE PETITIONER FOR RECRUITMENT OF CONSTABLE (GD) IN CENTRAL ARMED POLICE FORCES (CAPFS), NIA, SSF AND RIFLEMAN (GD) IN ASSAM RIFLES EXAMINATIONS, 2018 PUBLISHED BY THE STAFF SELECTION COMMISSION IN THEIR WEBSITE Exhibit P.3 TRUE COPY OF THE AFFIDAVIT DATED 09.03.2023 FILED BY THE STAFF SELECTION COMMISSION IN WA NO.1498/2022 Exhibit P. 4 TRUE COPY OF THE RTI ONLINE REPLY RECEIVED FROM THE STAFF SELECTION COMMISSION DATED 25.07.2023 EXHIBIT P. 5 TRUE COPY OF THE RTI ONLINE REPLY DATED 27.12.2024 OBTAINED FROM THE SSC THROUGH RTI ACT EXHIBIT P.6 TRUE COPY OF THE RTI REPLY DATED 13.01.2025 OBTAINED FROM THE STAFF SELECTION COMMISSION RESPONDENTS' EXHIBITS EXHIBIT R2(A) A TRUE COPY OF THE JUDGEMENT DATED 13-04-2023 IN WA NO. 1498 OF 2022 EXHIBIT R2(B) A TRUE COPY OF THE ORDER DATED 31-01-2024 IN REVIEW PETITION 1000 OF 2023 EXHIBIT R2(C ) A TRUE COPY OF THE COMMUNICATION ISSUED BY THE CPIO TO THE PETITIONER DATED 18-03-2025 EXHIBIT R2(D) A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE SSC DATED 11-11-2022 ANNEXURE R3(A) A TRUE COPY OF THE WP(C).NO.21382 OF 2019 DATED 03-08-2019 ANNEXURE R3(B) A TRUE COPY OF THE JUDGEMENT IN WP(C).NO.21382 OF 2019 DATED 26-02-2021