IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 14209 of 2011(A) --------------------------------- PETITIONER(S): ------------------ BIJU D, AGED 30 YEARS, S/O. V.DEVADAS, CHRIST BHAVAN,T.C.16/774 JAGATHY, THYCAUD PO, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL SMT.R.RAMYA RESPONDENT(S): --------------------- 1. THE CHAIRMAN KERALA PUBLIC SREVICE COMMISSION THIRUVANANTHAPURAM 695 001 2. THE DISTRICT OFFICER KERALA PUBLIC SREVICE COMMISSION THIRUVANANTHAPURAM 695 001 ADV. MR. P.C. SASIDHARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.14209 OF 2011 ---------------------------------------------- Dated this the 26th day of May, 2011 JUDGMENT The petitioner participated in the selection process for selection to the post of Police Constable (Armed Police Battalion) pursuant to notification inviting applications by the Kerala Public Service Commission. Ext.P7 rank list has been published, in which the petitioner's rank number is '1640'. The petitioner submits that the petitioner is entitled to weightage of marks for NCC and if such weightage was given, the petitioner's rank would have been between 144 and 145 in Ext.P7 rank list. The petitioner's claim for award of weightage mark was rejected on the ground that the petitioner has produced the NCC certificates only after the publication of the rank list. The petitioner submits that as soon as the petitioner came to know about the eligibility for weightage marks, he had immediately submitted the certificates and therefore, the petitioner should be given the benefit of weightage marks. The petitioner seeks the following reliefs: W.P.(C)No.14209/11 2 “(i) call for records relating to Exhibit P-12 and quash Ext.P-12, by issuing a Writ of Certiorari; (ii) issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents to give weightage marks to the petitioner pursuant to Exhibits P-2, P-3 and P-4 and to rectify petitioner's rank in Exhibit P-7, in the interest of justice. (iii) issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents not to fill one vacancy from Exhibit P- 13, till the disposal of this Writ Petition” 2. The learned Standing Counsel for the Public Service Commission submits that the availability of weightage marks for NCC has been specifically stipulated in the general conditions and further he specifically points out that in paragraph 13 of the writ petition, the petitioner himself admits that the Public Service Commission has directed, through a local daily, the candidates to produce the NCC certificate before the publication of Ext.P7 rank list. Therefore, insofar as admittedly the petitioner produced the NCC certificate after the publication of the rank list, the petitioner is not entitled to the benefit claimed, is the contention raised by the learned Standing counsel. 3. I have considered the rival contentions in detail. Admittedly the petitioner produced the NCC certificates after the publication of Ext.P7 rank list. In paragraph 13 of the writ W.P.(C)No.14209/11 3 petition, the petitioner specifically admits as follows: “13. When the matter was enquired with the respondents, it is informed that the respondents had issued a direction through a local daily to the candidates to produce the N.C.C. Certificate before the publication of Ext. P-7 rank list. But unfortunately for the petitioner, since the petitioner was out of station during the relevant time, he was unable to know about the directive and he was unable to produce the N.C.C. Certificate on time”. In the above circumstances, I do not find any infirmity in the order of the Public Service Commission to the effect that weightage marks cannot be given to the petitioner since he did not produce the NCC certificates before the publication of the rank list. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.14209/11 4 W.P.(C)No.14209/11 5