IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 22451 of 2009(B) -------------------------------- PETITIONER: -------------- NAJMUDHEEN K.K., KATTUKANDATHIL HOUSE, PARAL, THOOTHA P.O., ANAMANGAD VIA, MALAPPURAM DISTRICT - 679 357. BY DR.GEORGE ABRAHAM, ADVOCATE. RESPONDENTS: ------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22451 OF 2009 --------------------------------------- Dated this the 6th day of October, 2009. J U D G M E N T The petitioner herein was an applicant to the post of Higher Secondary School Teacher (Junior)-English for Malappuram District. Pursuant to the application submitted, the petitioner was issued Exhibit P1 Admission Ticket. Exhibit P2 is the short list published by the Public Service Commission and Exhibit P3 is the rank list. The minimum mark fixed by the P.S.C is 40 and for inclusion in the supplementary list for Muslims, it is 13. 2. According to the petitioner, he was confident to get 40 marks. On request made by the petitioner, he was given Exhibit P5 intimation stating that he had obtained 40 marks in the written examination and 13 marks is the minimum mark of the last candidate included in the supplementary list for Muslim candidates. Then the petitioner submitted a further request to include his register number in the short list and in the ranked list. Again the petitioner was given a reply by Exhibit P7 stating that W.P.(C) No.22451/2009 2 there is a correction in the reply dated 05.06.2009 and that the marks entered therein may be corrected and read as 12. This is under challenge in this writ petition. 3. It is explained in the affidavit filed on behalf of the respondents that while furnishing the reply to his application under the Right to Information Act, an oversight occurred from the part of the office of the Commission and the marks entered against the false number of some other candidate which was same as that of the register number of the petitioner was informed to him as per the reply dated 05.06.2009. When the petitioner subsequently submitted a request before the Commission, the mistake was found out and accordingly the communication Exhibit P7 was issued. It is also submitted that the result of the re-checking of his answer sheets showed no change also. 4. Pursuant to the oral direction issued by this Court, the learned counsel for the Public Service Commission made available the answer sheet of the candidate having register number S-2113 namely, the petitioner herein which shows that the total marks is only 12. W.P.(C) No.22451/2009 3 In that view of the matter, nothing survives in this writ petition. The petitioner is not entitled for the relief sought for in the writ petition. Therefore, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp