IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 34228 of 2009(W) -------------------------- PETITIONER(S): ------------------- A.P.MURALEEDHARAN, S/O. GOPALAN, AGED 40 YEARS, AMBALA PARAMBIL, P.O.KUMARAMANGALAM, KOZHIKODE-673 571. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------- 1. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 34228 OF 2009 (W) ===================== Dated this the 17th day of December, 2009 J U D G M E N T Ext.P1 is the notification issued by the PSC inviting applications for the post of Driver Grade II, Kozhikode District. The category indicated was Category No.32/2007. Petitioner submitted his application and he appeared for the test also. Subsequently, by Ext.P3, his application was rejected on the ground that he had stated category number wrongly in the application. It was thereupon that the writ petition is filed challenging Ext.P3. 2. PSC along with its counter affidavit has produced a copy of the application submitted by the petitioner as Ext.R1(a). In the application, the category number is mentioned as 33/2007. Petitioner has no dispute about the wrong mentioning of the category number. However, he only contends that inspite of the mistake, PSC having called him for test for the post of Driver, the mistake is an inconsequential one and should not result in rejection of his candidature. 3. On the other hand, PSC submits that even going by the WPC 34228/09 :2 : general conditions and instructions, if a wrong declaration is made as in this case, the inevitable consequence is rejection of the application. Although the counsel for the petitioner, relied on the judgment of this Court in Kuriakose v. State of Kerala and others (1984 KLT 925) and T.Jayakumar v. A.Gopu and another (2008(9) SCC 403), Standing counsel appearing for the PSC brought to my notice the judgment of this Court in WP(C) No.30273/09, where this Court has after duly adverting to the aforesaid judgments, upheld the action of the PSC in rejecting the application made by a candidate for the reason that the category number was wrongly mentioned. Therefore, the judgment relied on by the PSC applies to the facts of this case and in view of the above, following the said judgment, the writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp