Kerala High Court
Sunimon D vs Kerala State Electricity Board on 31 March, 2011
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
WP(C).No. 24368 of 2013 (U)
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PETITIONER(S):
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1. SUNIMON D.,
KUNNATHARA CHIRAYIL, MUTTATHIPARAMBU P.O., CHERTHALA
ALAPPUZHA-688 527.
2. SANTHOSH.M.,
VATTACHIRA, VALAVANADU, POLLATHAI.P.O.
ALAPPUZHA-688567.
3. ANEESH.M.,
OORALIVELI, CHARAMANGALAM, MUHAMMA P.O.
ALAPPUZHA-688525.
4. SHIBU.M.R.,
MUKKOMPARAMBU VELI, CMC-14, CHERTHALA.P.O.
ALAPPUZHA DISTRICT, PIN-688524.
5. SURESH.K.R.,
KUNNAPPALLY CHIRA, MANNANCHERRY, MANNANCHERRY P.O.
ALAPPUZHA-688538.
6. SUJITH.T.S.
THAKIDIVELI, PONNADU, PONNADU P.O.
ALAPPUZHA-688538.
7. PRASAD.P.,
NIVARTHIL, S.N.PURAM, S.N.PURAM P.O.
ALAPPUZHA-688582.
8. PRADEEP.P.P.
PANIKAVEETIL, CHERTHALA SOUTH, CHERTHALA SOUTH P.O.
ALAPPUZHA-688552.
9. MAHESAN.T.T.
KADEPPARAMBIL, THRICHATTUKULAM, THRICHATTUKULAM P.O.
CHERTHALA, ALAPPUZHA-688581.
10. BAIJU.K.R.,
KANDEKARANPADATHU, PANAVALLY, PANAVALLY P.O.
CHERTHALA, ALAPPUZHA-688556.
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WP(C).No. 24368 of 2013 (U)
11. RATHEESH.K.S.,
KADAVIL HOUSE, ANDHAKARANAZHI, ANDHAKARANAZHI P.O.
CHERTHALA-688531.
12. SUDHEESH.V.S.,
VALYCHANKADU, MARARIKULAM NORTH P.O.
ALAPPUZHA-688 549.
13. JOSEPH.C.R.,
CHULLICKAL, POLLETHAI, POLLETHAI P.O.
ALAPPUZHA-688 567.
14. SHYJU.P.S.,
THEKKEPARATHARA, CHERTHALA, KOKKATHAMANGALAM
ALAPPUZHA-688 583.
15. CHARLES RANJITH,
PANACKAL PURACKAL, OMANAPUZHA, PATHIRAPPALLY P.O.
ALAPPUZHA-688521.
BY ADVS.SMT.K.N.RAJANI
SRI.NAVEEN.T
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY-695004.
2. THE CHIEF ENGINEER (HRM),
K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM
THIRUVANANTHAPURAM-695004.
3. KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM
THIRUVANANTHAPURAM-695004.
4. THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE
ALAPPUZHA-688001.
BY SRI.P.C.SASIDHARAN, SC, KPSC
BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-10-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 24368 of 2013 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: COPY OF THE NOTIFICATION PUBLISHED BY THE PSC IN THE
GAZETTE DATED 31.3.2011.
P2: COPY OF THE ADMISSION TICKET ISSUED BY THE PSC TO THE 1ST
PETITIONER.
P3: COPY OF THE NOTIFICATION DT.8.5.2013 ISSUED BY THE PSC
STATING THAT THE PETITIONER'S ANSWER SCRIPTS ARE INVALIDATED
DUE TO WRONG BUBBLING OF THEIR REGISTER NUMBER.
P4: COPY OF THE INSTRUCTIONS ISSUED BY THE PSC FOR
APPOINTMENT.
P5: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER
BEFORE THE P.S.C.
P6: COPY OF THE COMMUNICATION DATED 6.7.2013 ISSUED BY THE PSC
TO THE 12TH PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
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C.T.RAVIKUMAR, J
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W.P.(C) No. 24368 of 2013
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Dated this the 5th day of October, 2013
JUDGMENT
The petitioners were applicant for appointment to the post of Mazdoor/Electricity Worker under the Kerala State Electricity Board. The have submitted applications pursuant to Ext.P1 notification. An OMR test, as part of the selection process, was conducted on 10.12.2011. Later, on account of the fact the petitioners had wrongly bubbled the registration numbers their answer scripts were invalidated. On going through the pleadings in this writ petition it is evident that the petitioners are not disputing the fact that they had wrongly bubbled their registration numbers. Their contention is that they happened to bubble the register numbers wrongly solely on account of the wrong instructions given by the invigilators deputed by the Kerala Public Service Commission.
2. I have heard the learned counsel appearing for the petitioners and also the learned standing counsels for both sides.
W.P.(C) No. 24368 of 2013 2
3. Another applicant who responded to the very same notification on invalidation of the answer scripts for the same reason earlier approached this Court by filing W.P.(C) No.17737/2013. After considering the contentions in the light of the settled position of law, more particularly in the light of a Full Bench decision of this Court in Kerala Public Service Commission V. Shaiju.T.L. Reported in 2013(1) ILR Kerala 13, this Court dismissed that writ petition. In the said circumstances and in view of the settled position that the wrong bubbling of registration numbers can be a good reason for invalidating the answer scripts I find no reason to interfere with the impugned action from the part of he Kerala Public Service Commission in invalidating the answer scripts of the petitioners. There is no merit in this writ petition and accordingly, it is dismissed.
Sd/-
C.T.RAVIKUMAR,JUDGE.
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