IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27109 of 2009(G) -------------------------- PETITIONER(S): --------------- SURESH BABU P, PEON, G.U.P.S.KADAMBERI, PO,.KANUL, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT DEPARTAMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM,. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. SHRI ALEXANDER THOMAS, SC, KPSC SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27109 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2009. JUDGMENT The petitioner who is working as a Peon, is an applicant for appointment by transfer as H.S.A. (Physical Science). Ext.P1 is the notification issued by the Public Service Commission which is dated 10.5.2008. 2. It is averred in para 2 of the writ petition that a written test was conducted by the Commission on 27.6.2009 and the petitioner had attended the test also. But this test was cancelled due to leakage of question paper. The petitioner applied for the post both as a direct recruitee and also as an applicant for appointment by transfer. Ext.P2 is the copy of the admission ticket produced by the petitioner in support of the above plea. 3. Presently, the case pleaded by the petitioner is that the only valid application for appointment by transfer is that of the petitioner. Therefore, the written test ought to have been dispensed with. It is therefore prayed that the Commission may be directed to take a decision in the matter, so that the petitioner need not unnecessarily attend a written test. 4. Heard learned Standing Counsel for the Public Service wpc 27109/2009 2 Commission also. 5. Learned Standing Counsel for the Commission submitted that the procedure adopted by the Commission in conducting the written test, etc. is in accordance with the rules. 6. It is up to the petitioner to invite the attention of the Commission in the matter. If the petitioner approaches the second respondent by filing an appropriate representation, the same will be considered expeditiously. The writ petition is disposed of with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/