Kerala High Court
Biveesh S vs Kerala Public Service Commission on 22 February, 2013
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
TUESDAY, THE 30TH DAY OF JULY 2013/8TH SRAVANA, 1935
WP(C).No. 17737 of 2013 (N)
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PETITIONER(S):
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1. BIVEESH S,
S/O.SUDEVAN.K., LAKSHMI NIVAS, VALIYAKADA
CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM-695304.
2. MANIKANDAN V.J.,
S/O.VIJAYAN NAIR.T., MANIKANDAVILASAM, KUNNATH VILA
VAVARA AMBALAM, POTHENCODE P.O.
THIRUVANANTHAPURAM-995584.
3. PRASAD.D.,
S/O.DHARMARAJAN ASARI, PRASAD BHAVAN, THURUVICKAL P.O.
THIRUVANANTHAPURAM DISTRICT.
4. BALU.V.S.
S/O.SUDARSANAN NAIR, GAYATHREE BHAVAN, KANJIRAMKONAM
KILIYOOR, VELLARADA, THIRUVANANTHAPURAM-995505.
5. SULAIMAN.S.,
S/O.SATHUKUNJU, ROADARIKATH VEEDY, KADAVAKUZHI
PALLIVETTA, ARYANAD P.O., THIRUVANANTHAPURAM-995542.
6. SHIBU.S.L.
S/O.SOMAN NAIR.K., KARUKUMMOOK VEEDU, KUNNIDA
KOLIYACODE P.O., THIRUVANANTHAPURAM-695607.
7. AJI.T.,
S/O.N.THANKARAJ, AIYAPPAPZHANJI PUTHEN VEEDU
PARASAVACKAL P.O., PARASALA
THIRUVANANTHAPURAM-695508.
8. BINU.S.,
S/O.SUDHAKARAN.D., PANANINNA VEEDU, KARAMKULAM
PUTHIYATHURA P.O., THIRUVANANTHAPURAM-695526.
9. CHITHRASENAN.S.,
S/O.K.SREEDHARAN, KUNNUMPURATH VEEDU, TC 46/650
NEAR SASTHA TEMPLE, POONTHURA P.O.
THIRUVANANTHAPURAM-995026.
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WP(C).No. 17737 of 2013 (N)
10. PRABHAKARAN.T.,
S/O.S.THAMBI, VALIYAVILA KEZHETHATTU PUTHEN VEEDU
MULLUVILA, MULLUVILA P.O., THIRUVANANTHAPURAM-995133.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
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KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY
KERALA PUBLIC SERVICE COMMISSION, PATTOM
THIRUVANANTHAPURAM-695004.
BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30-07-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 17737 of 2013 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: COPY OF THE ADMISSION TICKET PERTAINING TO THE
PETITIONERS EXCEPT 4TH PETITIONER
.
EXHIBIT P2: COPY OF THE SHORT LIST ALONG WITH NOTIFICATION
DATED 22.2.2013.
EXHIBIT P3: COPIES OF THE REPRESENTATION SUBMITTED BY
PETITIONERS 4,5 AND 7 BEFORE THE PSC.
EXHIBIT P4: COPY OF THE ORDER DATED 29.5.2013 ISSUED BY THE PSC
TO THE 2ND PETITIONER
EXHIBIT P5: COPY OF THE ORDER DATED 29.5.2013 ISSUED BY THE PSC
TO THE 4TH PETITIONER
EXHIBIT P6: COPY OF THE ORDER DATED 29.5.2013 ISSUED BY THE PSC
TO THE 5TH PETITIONER
EXHIBIT P7: COPY OF THE ORDER DATED 27.4.2013 ISSUED BY THE PSC
TO THE 7TH PETITIONER
EXHIBIT P8: COPY OF THE ADDENDUM NOTIFICATION DATED
27.12.2012.
EXHIBIT P9: COPY OF THE NEWS PAPER REPORT WHICH APPEARED IN
MATHRUBHUMI THOZHIL VARTHA DATED 22.12.2012.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE.
dlk
C.T.RAVIKUMAR, J
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W.P.(C) NO. 17737 of 2013
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Dated this the 30th day of July, 2013
JUDGMENT
The grievance of the petitioners who were applicants to the post of Mazdoor (Electricity Worker) in the Kerala State Electricity Board is regarding the rejection of their applications on the ground of wrong bubbling of register numbers in their answer scripts. The fact that the petitioners wrongly bubbled their register numbers is not disputed. In such circumstances in the light of the decision of a Division Bench of this Court in Kerala Public Service Commission V. Shaiju.T.L. reported in 2013(2) KLJ 437 the action on the part of the Kerala Public Service Commission in rejecting the candidature of the petitioners and not including them in the short list and also in the ranked list cannot said to be illegal. The learned counsel appearing for the petitioner submitted that in the case of candidates appeared for appointments to the post of Reserve Driver in KSRTC Ext.P8 would reveal that despite wrong bubbling of register numbers such candidates were included in the ranked list. It is in the said circumstances that, the petitioners seek for a declaration to include their name in the short list taking in to account Ext.P8. W.P.(C) NO. 17737 of 2013 2 The standing counsel appearing for the respondents submitted that in the case of persons covered by Ext.P8 they were applicants to the appointment of the post of Reserve Driver in KSRTC and selection process therein actually consisted only of a proficiency test and thereafter physical measurement. The proficiency test consists of 'H' test and a road test. After conducting the proficiency test physical measurements of candidates were to be taken. However, a written test not notified as part of the selection and provided, was to be conducted in view of the certain specific reasons mentioned in the relevant orders. It is in such a test which was not provided as part of the selection process that some of the candidates wrongly bubbled their register numbers. Taking into account the fact that the written test was not actually provided as part of the selection process, but conducted only for the purpose of fixing seniority of the successful candidates in the prescribed selection process that a decision was taken, as aforesaid, as per Ext.P8. It is submitted that in this case the written test is indisputably a part of a selection process. In the circumstances the decision of this Court in Shaiju's case (supra) and also W.P.(C) Nos. 13454/2013, 12680/2013 and 13905/2010 are to be applied. In the light of W.P.(C) NO. 17737 of 2013 3 the said decisions the petitioners are not entitled to the reliefs sought for in this writ petition and the rejection of their candidature on account of wrong bubbling of their register number is perfectly in order. In the light of the decision referred (supra) the action on the part of the respondents in deciding not to include the petitioner in the ranked list on account of the wrong bubbling cannot said to be illegal. Therefore the writ petition is liable to fail and accordingly, it is dismissed.
Sd/-
C.T.RAVIKUMAR, JUDGE dlk