IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34034 of 2008(B) ------------------------------------------ PETITIONER(S): -------------------------- DILEEF B, FORESTER, FOREST RANGE OFFICE, ANCHAL, KOLLAM. BY ADVS. MR.AUGUSTINE JOSEPH, MR.K.S.ROCKEY. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FORESTS AND WILD LIFE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, IHRD, FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, KERALA FOREST SCHOOL, ARIPPA, KULATHUPUZHA, KOLLAM. 4. BIJU S, FORESTER, RANGE OFFICE, RANNI,PATHANAMTITTA. R1 TO R3 BY GOVERNMENT PLEADER MR. P.NANDAKUMAR R4 BY ADV. MR.K.SASIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34034/2008 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE WITH 1ST RANK ISSUED TO THE PETITIONER FOR THE FOREST GUARDS TRAINING FROM 8/08/2005 TO 20/05/2006. P2: COPY OF CERTIFICATE OF FOREST TRAINING ISSUED TO THE PETITIONER, DTD. 4/08/2008. P3: COPY OF TABULAR STATEMENT OF MARKS OF THE TOP RANK HOLDERS FOR THE FOREST TRAINING. P4: COPY OF EXAMINATION ANSWER SHEETS OF PETITIONER FOR THE SUBJECT - FOREST LAW. P5: COPY OF EXAMINATION ANSWER PAPER OF 4TH RESPONDENT FOR THE SUBJECT - FOREST LAW. P6: COPY OF QUESTION PAPER OF THE SUBJECT -FOREST LAW. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.34034 OF 2008 (B) -------------------------------------------------- Dated this the 2nd day of December, 2009 J U D G M E N T Petitioner is a Forester. He attended the 8th batch Foresters' training. According to the petitioner, although he was first rank through out, when results of the final examination of the training was published, he was assigned only the 2nd rank and the first rank was assigned to the 4th respondent. Petitioner thereupon obtained the marks tabulation sheet and he came to know of the marks awarded to each of the parties concerned. Suspecting irregularities in the marks that were awarded for the subject, Forest Law, invoking the provisions of the Right to Information Act, petitioner obtained copies of his the answer paper and the answer paper of the 4th respondent, which have been produced as Exts.P4 and P5 in this writ petition. It was thereupon that this writ petition was filed by the petitioner praying that the answer sheets should be revalued by an external expert and that ranking should be reassigned on the basis of such revaluation. WPC.No.34034/08 :2 : 2. After hearing the parties, this court passed order dated 19.10.2009 directing that Exts.P4 and P5 referred to above will be forwarded by the 2nd respondent to Sri. K.J. Varghese, Conservator of Forests, Biological Park, Agasthiavanam, Thiruvananthapuram for valuation of the answer papers. It was also directed that Sri. Varghese shall value the answer papers and the revaluation result shall be placed before this court in a sealed cover. 3. Accordingly, the answer sheets were valued and sent report dated 12.11.2009 has been submitted reporting that “ he accepted the marks awarded to the 4th respondent in Ext.P5 as the bench mark and the answer paper of the petitioner was valued and marks were awarded on that basis. In conclusion he has reported that during the revaluation the total marks of answer paper in Ext.P4 is changed from 109 marks out of 200 to 127 out of 200.” Now that valuation has been done AND and marks have been assigned as above, necessarily, the ranking assigned to the parties will have to be revised. This the 2nd respondent shall do as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. WPC.No.34034/08 :3 : 4. The answer scripts of petitioner, the 4th respondent and the reports submitted by Sri. K.J Varghese are returned to the Government Pleader for onward transmission to the 3rd respondent. Petitioner shall produce a copy of the judgment before the 2nd respondent for passing consequential orders. (ANTONY DOMINIC) JUDGE vi/ WPC.No.34034/08 :4 :