IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 18356 of 2010(T) -------------------------- PETITIONER(S): --------------- JOSE PRAKASH.G,KACHAPPALLY HOUSE, THIRUVANCHOOR.P.O,KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): --------------- THE SECRETARY TO THE PUBLIC COMMISSIONER OF EXAMINATION,PAREEKSHA BHAVAN,POOJAPPURA, TRIVANDRUM-14. GOVERNMENT PLEADER SRI.P.NARAYANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 18356 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T The petitioner lost his S.S.L.C. book. He wanted a duplicate S.S.L.C. Book. He applied for the same. He has not been favoured with one. Therefore he had filed this writ petition seeking the following reliefs: “[a] Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondent to issue a duplicate S.S.L.C. Book to the petitioner pursuant to Ext.P3 application submitted by him and on the basis of Exts.P4 to P7 documents.” 2. A statement has been filed by the Government Pleader wherein it is stated thus: “2. The petitioner holder of SSLC with Register No.306089 of March 1982 was an applicant for the duplicate SSLC as per application No.Ex-J5/68449/2009. As per the existing rules every applicant who apply in duplicate copy of the SSLC should produce the following documents, failing which the application will be treated as incomplete and hence liable to be rejected. The required documents are 1. Application duly filed up by the candidate in the prescribed format' 2. Original chalan receipt (for Rs.200/- for duplicate, Rs.500/- for triplicate) remitted in the name of applicant in a Government treasury of the Kerala State W.P.(C)No. 18356 of 2010 -2- 3. Declaration in the stamped paper of the candidate, attested by a 1st Class Magistrate of the Judicial Department under the seal of his Court' 4. If the original certificate is damaged the remnants of the certificate is to be enclosed. 5. The prescribed notice (specimen copy attached with the application form) to be published in any daily newspapers approved by Public Relations Department for obtaining the duplicate SSLC. 6. The application should be duly signed by applicant and duly signed and forwarded by the Headmaster/Principal of the school, from which the applicant has presented to the SSLC Examination first time. 3. In the case of the petitioner, his application was incomplete in the sense that he has not submitted the prescribed press notice as required in Sl.No.5 above. Hence his application was rejected and he was directed to resubmit the application, after rectifying the defects noted vide this office letter No.J5/68449/2009/N.Dis dated 10.12.2009. At present no application of the petitioner is pending in this office. If the petitioner submit the application in full shape the respondent can issue the duplicate certificate within a reasonable period of time'. It is further submitted that, since the application is disposed as 'N.Dis' no file is kept in the office. The application itself was retained with endorsement to cure the defect and it was recorded in the Personal Register of the concerned Clerk. Therefore the respondent is not able to produce the communication referred above.” 3. The petitioner submits that the petitioner has already complied with all the requirements stated in the statement. Apparently the dispute is as to compliance with condition No.5. The Government Pleader would take the contention that the petitioner has not published a notice as W.P.(C)No. 18356 of 2010 -3- per the specimen copy attached with the application form. The petitioner would rely on Ext.P3 application form and Ext.P4 paper publication made by him to show that he has actually complied with that requirement also. Therefore I passed an order on 19.07.2010 as follows: “Learned counsel for the petitioner points out that the only defect in the application for duplicate SSLC book filed by the petitioner, noted as per the statement filed by the Government Pleader is that the prescribed notice has not been published in the news papers as per the specimen copy attached with the application form. According to him, there is no such defect at all as is clear from Exts.P3 and P4. He points out that the specimen advertisement is given at the bottom of Exts.P3 and P4 advertisement made by the petitioner is in terms of that specimen only. On a comparison of Exts.P3 and P4 although there is some minor changes in words, substantially both appears to be identical. The learned Government Pleader seeks time to get instructions on the same.” 4. I have heard the learned Government Pleader also today. The learned Government Pleader could not satisfy me that Ext.P4 publication in the newspaper is not in accordance with the specimen form prescribed in Ext.P3. Therefore I am satisfied that the petitioner has complied with all the requirements for obtaining a duplicate S.S.L.C. Book. Accordingly this writ petition is allowed and the respondent is directed to issue a duplicate S.S.L.C. Book to W.P.(C)No. 18356 of 2010 -4- the petitioner as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/