IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18358 of 2010(T) -------------------------- PETITIONER: --------------- BABU.R, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), PUNALUR. BY ADV. SRI.P.I.DAVIS RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY & LAND RECORDS, DIRECTORATE OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. BY SRI. ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18358 of 2010 (T) --------------------------------- Dated, this the 14th day of June, 2010 J U D G M E N T The petitioner is working as a Head Surveyor in the office of the Superintendent of Survey and Land Records (Re-Survey), Punalur. He appeared for the Head Surveyors Test conducted by the 1st respondent and in the subject 'Boundary Disputes and Allied Matters' and secured only 26 marks, while the minimum required mark for passing the subject is 40. He applied for rechecking the marks. That was allowed and he was intimated that there was no difference in the marks even after the recheck. 2. The petitioner submits despite the absence of provision for revaluation, this Court should direct the 1st respondent to revalue the answer sheet. It is with this prayer this writ petition has been filed. The learned counsel for the petitioner also makes reference to Exts.P5 & P6. According to the learned counsel for the petitioner, the PSC itself had agreed revaluation of the answer papers mentioned therein. WP(C) No.18358/2010 -2- 3. Apart from the fact that the petitioner failed in the examination, no irregularity in the valuation has been made out by the petitioner. The petitioner also concedes the position that there is no provision in the Regulations for revaluation. In the absence of any clear allegation of irregularities and in the absence of any regulation of the PSC providing for revaluation, this Court will not be justified in requiring the PSC to revalue the answer papers. Insofar as Exts.P5 & P6 are concerned, it is seen that the PSC had agreed for revaluation on being satisfied of certain irregularities in the valuation. In this case, no such irregularity has been made out by the petitioner to seek the benefit of Exts.P5 judgment & P6 counter affidavit filed by the PSC. Therefore, I am not in a position to grant the relief as sought for. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg