Kerala High Court
Renjith A. R vs The Kerala Public Service Commission on 18 August, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942
OP(KAT).No.249 OF 2020
AGAINST THE ORDER IN OA (EKM) 1179/2018 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
RENJITH A. R., AGED 40 YEARS
S/O. A. K. RAVI, AKKARAPARAMBIL HOUSE,
KAIPPATTOOR P. O., ARAKKUNNAM (VIA),
ERNAKULAM - 682 313.
(NOW WORKING AS LD CLERK (HIGHER GRADE) IN THE SRO,
MULANTHURUTHY, MULANTHURUTHY P. O.,
ERNAKULAM - 682 314.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.ANJANA G.
SMT.REMYA GILBERT
SHRI.NITIN RAJAN NAIR
SHRI.JOBIN JOSE P.
RESPONDENTS/RESPONDENTS:
1 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA
PUBLIC SERVICE COMMISSION, PATTOM P. O.,
THIRUVANANTHAPURAM - 695 004.
2 THE JOINT SECRETARY (DEPARTMENTAL TESTS)
KERALA PUBLIC SERVICE COMMISSION, PATTOM P. O.,
THIRUVANANTHAPURAM - 695 004.
OTHER PRESENT:
SRI. P.C. SASIDHARAN-S.C. , KPSC.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No.249 OF 2020
2
JUDGMENT
Shaffique, J This original petition has been filed challenging the order dated 19.11.2018 in O.A.(EKM) No.1179/2018 by which the original application filed by the petitioner has been dismissed. The petitioner contended that he had passed the departmental test held by the Kerala Public Service Commission, but the certificate has not been issued. When he sought for issuance of the certificate, he was informed by Annexure-A3 that he had not passed the Registration Test Part B as he was invalidated.
2. The Kerala Public Service Commission took up a contention that though the applicant had attended the Kerala Registration Test Part B on 29.09.2012, his registration number was wrongly bubbled in the OMR sheet. Instead of the first digit '1', the petitioner had bubbled '0' and his register number as per the answer sheet was 020720 whereas his actual registration number is 120720.
3. Similar issue was considered by a Division Bench of this Court in Kerala Public Service Commission v. Shaiju OP(KAT).No.249 OF 2020 3 [2013 (2) KLT 946] wherein it was held that wrong bubbling of the register number by the candidate in the OMR sheet was a valid ground for invalidation of the candidature. The Tribunal had referred to the aforesaid judgment and had dismissed the application. Insofar as the issue is covered by the judgment aforesaid, we do not find any ground to interfere with the impugned order. Hence, this original petition is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE sd/-
GOPINATH P., JUDGE AMV/18/08/2020 OP(KAT).No.249 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE OA (EKM) NO.1179/2018 ALONG WITH THE ANNEXURES A1 TO A4 THEREIN FILED BY THE PETITIONER BEFORE THE KAT, ERNAKULAM BENCH DATED 11.06.2020.
ANNEXURE A1 THE TRUE COPY OF THE ADMISSION TICKET OF THE APPLICANT WITH REGISTRATION NO.120720 DATED 10.09.2012.
ANNEXURE A2 THE TRUE COPY OF THE RESULT OF THE APPLICANT TAKEN FROM THE OFFICIAL WEB SITE OF THE RESPONDENTS DATED 3.1.2013.
ANNEXURE A3 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENTS TO THE APPLICANT DATED 20.12.2013.
ANNEXURE A4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 4.4.2018.
EXHIBIT P2 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS DATED 30.10.2018.
EXHIBIT P3 THE TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER DATED 14.11.2018. EXHIBIT P4 THE CERTIFIED COPY OF THE ORDER OF THE KAT, ERNAKULAM BENCH IN OA (EKM) NO.1179/2018 DATED 19.11.2018.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE