IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3886 of 2010(I) ------------------------- PETITIONERS: --------------- 1. RAJEESH M, S/O. DAMODARAN, MANGALATH HOUSE, MEDAKKALLUR P.O., KOZHIKODE DISTRICT. 2. RAMESAN P.V, S/O. VELAYUDHAN, PARAYIL HOUSE, KARUVANCHAL P.O. KALLODI, KANNUR DISTRICT. 3. MINESH KALLEN, S/O. KANNAN, 'THULASIDALAM', MANAKKAD,KOYYAM P.O., KARIMBAM VIA, KANNUR DISTRICT. 4. SHIJU E, S/O. PADMANABHAN, MELEPURAYIL HOUSE, KOLLADA, P.O. PADIYOTCHAL,VIA PAYYANNUR, KANNUR DISTRICT. 5. THRESYA K.M. D/O. MATHEW K.J, KURUMBANAL, CHERUPUZHA P.O., KANNUR DISTRICT. 6. RANJANA V.R, ELLIKOTTIL HOUSE, P.O. PARLIKAD, WADAKKANCHERRY, THRISSUR DISTRICT. 7. SINDHU A.K,'THANKAM', CHETTIPPADI P.O., PARAPPANANGADI, MALAPPURAM DISTRICT. 8. LEEBAMOL K.B, KUNNATHUPARAMBIL, NADUVATH P.O. KATTUMUNDA, MALAPPURAM DISTRICT. W.P.(C).No.3886/2010 9. RANI A.O, ALAPPATT PALATHINGAL HOUSE, PAMBOOR, P.O. KUTTUR, THRISSUR DISTRICT. BY MR.KALEESWARAM RAJ, ADVOCATE RESPONDENTS: ------------------ 1. KERALA PUBLIC SERVICE COMMISSIONER, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM DISTRICT. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR DISTRICT. BY MR.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J ========================= W.P.(C).No.3886 of 2010 ========================== Dated this the 5th day of February, 2010 JUDGMENT The petitioners are candidates who appeared for the written test for the post of H.S.A (Malayalam) held by the Public Service Commission on 27.9.2008. Short lists have been published in November and December 2009. Petitioners have filed Ext.P3-representation on 1.1.2010 contending that the question papers for the written examination are bad for being not “specific, objective, credible and reliable.” The petitioners now seek a direction to the PSC to consider Ext.P3 representation in the light of Ext.P4 expert opinion in the matter. I am not inclined to exercise my discretionary jurisdiction under Article 226 of Constitution of India in favour of the petitioners in view of unexplained delay and laches. Admittedly, the written test was conducted on 27.9.2008. On that day the petitioners knew what the questions were. If the petitioners were aggrieved by the questions in the question paper, they ought to have challenged the same immediately. They did not. They waited till the short list was published. Only when they W.P.(C).No.3886/2010 2 found that their names were not included in the short list, they suddenly woke up and challenged the question papers themselves. I do not think that such petitioners are entitled to the discretionary remedy under Article 226 of the constitution of India. Accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE dvs