Kerala High Court
K.V.Babu vs The Kerala Public Service Commission on 29 May, 2013
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 29TH DAYOF MAY 2013/8TH JYAISHTA1935
WP(C).No. 13454 of 2013 (F)
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PETITIONER(S):
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1. K.V.BABU,AGED 38 YEARS,
S/O.VELAYUDHAN, KOOTTALAP PARAMBIL KORACHAL VEEDU,.
CHEMBUCHIRA PO,. THRISSUR DISTRICT.
2. BRIJISH K.V., AGED 27 YEARS,
S/O.VELAYUDHAN,KOMBARA HOUSE, MATHUR PO,.
MOONUMURI, THRISSUR - 680 684.
3. PRAMEESH V.P.,AGED 31 YEARS,
S/O.PEETHAMBARAN, VETTIYATTIL HOUSE,
CHEMBUCHIRA PO, CHETTICHAL, THRISSUR DISTRICT.
BY ADVS.SRI.S.M.PRASANTH
SMT.SMITHA GEORGE
RESPONDENT(S):
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1. THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2. THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM - 695 004.
3. THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDHUTHY BHAVAN,
PATTOM PALACE PO, THIRUVANANTHAPURAM-695 004.
R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
R3 BY ADV.SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-05-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.,NO.13454/2013 F
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE REPRESENTATION DTD. 19/04/2013 SUBMITTED BY THE
1ST PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.
P2: COPY OF THE REPRESENTATION DTD. 19/04/2013 SUBMITTED BY THE
2ND PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.
P3: COPY OF THE REPRESENTATION DTD. 19/04/2013 SUBMITTED BY THE
3RD PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
THOMAS P. JOSEPH, J
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W.P.(C).13454/2013
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Dated this the 29th day of May, 2013
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JUDGMENT
The petitioners have applied for the post of Mazdoor under the 3rd respondent and took part in the written test. They are not included in the short list. Petitioners learnt that it was because they have wrongly bubbled the register number in their answer sheets. Petitioners seek a declaration that rejection of their answer sheets is arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India, for a direction to the respondents 1 and 2 to value their answer sheets irrespective of wrong bubbling of the register numbers in the answer sheets and for a direction to the 1st respondent to permit the petitioners participate in the further steps in the selection process.
2. The learned counsel submits that the petitioners have made Exts.P1 to P3 representations before the 1st respondent airing their grievance. W.P.(C).13454/13 2
3. The learned Standing Counsel for the 1st respondent has brought to my notice the decision of the Division Bench in Kerala Public Service Commission v. Shaiju.T.L. (2013 (1) ILR (Ker.) Pg.13) where, it is held that a candidate who has wrongly bubbled the optical mark reader in the answer paper cannot challenge rejection of his answer paper on the ground that Commission has mistakenly shown his name in the ranked list. The same view is taken by another Division Bench in Susheela v. Kerala Public Service Commission (2010 (4) KLT, 986).
4. It follows that in the light of the above Bench decisions the answer sheets of the petitioners are defective for the reason of wrong bubbling of the register numbers. In that view of the matter, no relief as prayed in the writ petition could be granted.
Writ petition is dismissed.
Sd/- THOMAS P. JOSEPH, JUDGE mrcs /true copy/ sd/- P.A. To Judge