IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 34951 of 2009(L) -------------------------------- PETITIONER: -------------- KALIAMMAL, AGED 27, W/O. LOBIN RAJ, PALLIVASAL ESTATE, PUTHUKAD DIVISION, MUNNAR. BY MR.C.S.MANILAL, ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. SECRETARY, PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. SECRETARY, PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY MR.ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34951 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009. J U D G M E N T The petitioner is aggrieved by the rejection of application of the petitioner resulting in non-inclusion of her name in the short list. The application invited is for appointment to the post of L.P.S.A (Tamil) and U.P.S.A (Tamil) in category numbers 63/06 and 65/06 respectively to which the petitioner submitted applications. Exhibits P1 and P2 are the hall tickets issued to her for appearing in the written examination. 2. The answer paper of the petitioner was invalidated on the ground of multiple bubbling of alpha code/alpha code not bubbled. Again the petitioner approached the Public Service Commission by Exhibit P4 representation. Seeking for appropriate directions in the matter, this writ petition is filed. 3. The issue is covered against the petitioner in the light of the decision in Writ Appeal No.2487/2009 as well as in W.P.(C) No.34380/2008. Therein the defect in non-bubbling of the register number was the subject matter of the dispute and this W.P.(C) No.34951/2009 2 Court held that the action taken by the Public Service Commission in rejecting the application of the petitioner cannot be said to be illegal. The view taken by the Division Bench in Writ Appeal No.2487/2009 is discernible from paragraph 7 of the judgment, which reads as follows: “It is not in dispute that such instructions including entry of Admission Ticket Number correctly and distinctly in the space provided therefor have been incorporated in the Gazette notification publishing the time table for the Departmental tests in question. In item VII A(2) in the said Gazette notification, the candidates were also warned of the consequences including invalidation. In the light of the Bench decision of this Court in Rangaswamy v. K.P.S.C. reported in 1982 K.L.T.574 and that of the Hon'ble Apex court in Karnataka Public Service Commission v. B.M. Vijaya Shankar reported in A.I.R. 1992 S.C. 952, violation of instructions by the Public Service Commission in the matter of examinations conducted by it cannot be taken as lightly and of no consequences.........” In the light of the above, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp