IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WA.No. 2126 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27987/2008 Dated 30/09/2008 .................... APPELLANT/PETITIONER: -------------- ADARSH.C.B., SANTHI PADA NORTH, KARUNAGAPPALLY PO., KOLLAM, KERALA-690518. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, TRIVANDRUM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR TRANS TOWER, VAZHUTHACAUD, THYCAUD.PO., THIRUVANANTHAPURAM- 695014. 3. KERALA PUBLIC SERVICE COMMISSION REP. BY ITS SECRETARY, PATTOM(P0) THIRUVANANTHAPURAM. 4. B.RAJEEV, ASSISTANT MOTOR VEHICLE INSPECTOR, SSG CELL, TRANSPORT COMMISSIONERATE , 2ND FLOOR, TRANS TOWER VAZHUTHACAUD, THYCAUD.PO., THIRUVANANTHAPURAM-695014. BY ADV.SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.2126 OF 2008 () ----------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T KOSHY,J. Appellant in this case applied to the post of Assistant Motor Vehicle Inspector. His name was not included in the rank list published by the Kerala Public Service Commission. According to him, Question No.33 in the written test was correctly written by him and the answer key provided by the K.P.S.C was wrong and he lost 1.33 marks and that would have changed the entire scenario. He filed a writ petition before this Court stating that he should be given marks to Question No.33 also. But that writ petition was dismissed by a learned Single Judge of this Court by Ext.P4 judgment. The appeal filed was dismissed by a Division Bench of this Court by Ext.P5 judgment. A petition for review was filed but it was also dismissed. A Special Leave Petition was filed before the W.A.2126/08 2 Honourable Supreme Court, but that was also dismissed. Now it is contended by the counsel for the appellant that in view of Ext.P6, marks should have been given by the P.S.C. In fact, the very same contention was considered by this Court earlier and appellant cannot challenge the above. In view of the earlier decisions, appellant cannot file a fresh petition as that will be barred by the principles of res judicata. We agree with the views expressed by the learned Single Judge. Hence, we dismiss this writ appeal. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008