IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 30537 of 2009(J) -------------------------- PETITIONER: --------------- KIRAN.S., CHITHRALAYA, CHAKRAPANIPURAM, PUTHUKULANGARA P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695 541. BY ADV. MR. NAGARAJ NARAYANAN MR. RAJAN VELLOTH MR. SAIJO HASSAN MR. SABU SREEDARAN MR. PRATHAP PILLAI MR. BENOJ C AUGUSTINE RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANASNTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, THIRUVANANTHAPURAM. 4. THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, THIRUVANANTHAPURAM. 5. DIRECTOR OF PRINTING, DIRECTORATE OF PRINTING, GOVERNMENT CENTRAL PRESS THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY MR. ALEXANDER THOMAS, SC,KPSC R4 TO R6 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30537 of 2009 --------------------------------- Dated, this the 10th day of November, 2009 J U D G M E N T The petitioner was an applicant for the post of Police Constable (Armed Battalion) SAP. Ext.P1 is his birth certificate, which indicates that his date of birth is 22/08/1988. The petitioner states that his SSLC book carried his date of birth as 22/05/1989, which was wrong. According to the petitioner, he got the SSLC book corrected as per Ext.P7. As is seen from Ext.P7, the correction was carried out on 15/05/2009. It is stated that though he produced Ext.P7 before the PSC, the PSC refused to act upon the same, insisting that the correction should be got published in the Gazette. Referring to Exts.P8 & P14, the Rule for publication in the Gazette and a reply obtained by the petitioner for a query under the Right to Information Act, the petitioner contends that publication of correction of date of birth in the Gazette is impermissible. On this basis, he submits that the rejection of his application is erroneous. 2. Although, initially this Court was inclined to think that WP(C) No.30537/2009 -2- there is merit in the contention raised in the writ petition, along with the affidavit filed by the PSC, they have produced the application form filed by the petitioner. In the application, the date given by the petitioner as his date of birth is 22/05/1988, a 3rd one. The learned counsel for the petitioner submits that this was a bonafide mistake. 3. The PSC can go only by the entries made by the applicant in the application form, and evidently, the date of birth given by the petitioner in the application form is neither the date given in the Birth Certificate nor the date given in the SSLC Book. If that be so, necessarily, for the incorrect particulars mention, the application will have to be rejected. In this view of the matter, there arise no necessity to deal with the case of the petitioner regarding the alleged refusal of the PSC to act upon the corrected SSLC Book. For these reasons, I am not inclined to interfere with Ext.P9. Therefore, this writ petition fails, and is dismissed. (ANTONY DOMINIC, JUDGE) jg