IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 13380 of 2010(V) -------------------------- PETITIONER(S): --------------- ABDU SAMAD C.K., S/O ABOOBACKER C.K., CHAKKALAKUNNAN HOUSE, VALLIKKAPATTA, MANKADA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM, TRIVANDRUM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, WAYANAD, KALPETTA, WAYANAD DISTRICT. ADV. SRI.ALEXANDER THOMAS,SC,KPSC BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.13380 OF 2010 (V) -------------------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T Ext.P1 is a notification issued by the PSC inviting application for the post of UPSAs. According to the petitioner he made an application opting for Wayanad and addressing it to the Kalpatta office of the PSC. It is stated that the postal authorities wrongly delivered the application at the Malappuram Office of the PSC and that on receipt of the application the Malappuram office of the PSC rejected the application as per Ext.P2. It is stated that thereafter he submitted Ext.P3 representation to the first respondent and there was no response. It is in these circumstances the writ petition has been filed praying that the petitioner shall be permitted to participate in the written test which is scheduled to be held on 22.5.2010 for Wayanad District. 2. Respondents have filed a counter affidavit. In the counter affidavit it is stated that the petitioner's application was rejected on the ground that the candidate had opted for Wayanad District and WPC.No. 13380/2010 :2 : that the application was addressed to the Malalppuram District Office. It is stated that the allegation that the petitioner had addressed to the Wayanad office and that the postal authorities delivered it wrongly to Malappuram is factually incorrect. It is stated that if the application was mistakenly delivered by the postal authorities, PSC office would not have processed the application . They are referring to Ext.R1(a) circular which deals with the procedure for discarding postal covers. It is also stated that the petitioner cannot be permitted to appear for the written test in Wayanad District for the reason that there is no valid application made by him. 3. Nothing is produced before this court to conclude that the petitioner had addressed his application to Wayanad Office and that the same was wrongly delivered at the Malappuram office of the PSC. The resultant position is that there is no application made by the petitioner for Wayanad District. Therefore the PSC cannot be expected to permit the petitioner to appear for the written test now scheduled to be held on 22.5.2010. Counsel for the PSC also points out that the issue is covered by the judgment in WPC.No. 13380/2010 :3 : W.A.No.2506/2007. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/