IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WA.No. 1671 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.34146/2004 DATED 29/05/2008 .................... APPELLANT/RESPONDENT NO.1 IN W.P. --------------------------------------------------------- KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM-4. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENTS/ PETITIONER AND 2ND RESPONDENT IN W.P. ---------------------------------------------------------------------------------------- 1. LETHA JOHN, OTTAPLAVILAYIL EDAPONE, AYRANIKUDY.P.O. PANDALAM, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1671 OF 2008 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT Koshy, J. Petitioner in the writ petition approached this Court for re- valuation of the answer sheets. Considering the contentions raised, by Ext.P5 judgment, allowed the request on deposit of Rs.3,000/-. On re- verification, it was found that there was no change in marks. Learned Judge noticed that petitioner secured 49.5 per cent. For one question no mark was given, even though there was only a spelling mistake. The Learned Judge did not order to give mark to the answer book. Writ petition was disposed of with direction to the PSC, appellant herein to refund Rs.3,000/- deposited by the petitioner for verification of answer book. It is a discretionary order granted under Art.226 of the Constitution of India on the facts and circumstances of the case. Considering the amount involved and considering the facts of this case, we are of the opinion that no appeal will lie as against the discretionary order passed. Hence the writ appeal is dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: