IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 5671 of 2009(D) ------------------------------------ PETITIONER(S): ----------------------- BINEESH KUTTAN.P.CHACKO S/O. P.A.CHACKO, PANACHINKAL HOUSE MALAKUNNAM PO, CHANGANACHERRY, KOTTAYAM 686 552. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE MR.S.SHARAN MR.A.D.SHAJAN MR.RAJESH. K.RAJU RESPONDENT(S): ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. KERALA STATE ELECTRICITY BOARD VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R1 MR.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C)No.5671 of 2009 --------------------------- Dated 26th May, 2009 JUDGMENT Heard Sri.P.Santhalingam, the learned Senior Advocate appearing for the petitioner, Sri.Alexander Thomas, the learned Standing Counsel appearing for the Kerala Public Service Commission and Sri.K.S.Anil, the learned Standing Counsel appearing for the Kerala State Electricity Board. 2. The petitioner who was an applicant for appointment to the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board has filed this writ petition challenging the written test conducted by the Kerala Public Service Commission on 3.5.2008 on the ground that a large number of questions in Ext.P2 question paper booklet have been taken from one particular guide namely Question Bank in Electrical Engineering, the front page of which is produced as Ext.P4. Apart from merely stating that 55 questions in Ext.P2 question paper booklet are questions published in the Question Bank described in Ext.P4, the petitioner has not produced any cogent material to show that the said questions were in fact questions extracted from the Question Bank in Electrical Engineering referred to in Ext.P4. The petitioner relies on the newspaper report evidenced by Ext.P3 which does not even name the guide from which the questions are said to W.P.(C)No.5671/2009 2 have been extracted. In short, there is no cogent material before this Court to conclusively hold that the question paper set by the Kerala Public Service Commission is in any way vitiated. Further, no one of the candidates who had appeared for the examination are on the party array either individually or in a representative capacity. The examination held by the Kerala Public Service Commission on 3.5.2008 cannot be annulled without the candidates who had appeared for the examination on the party array. Therefore, on both these grounds no relief can be granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN JUDGE TKS