IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WA.No.1956 of 2008 ------------------------ AGAINST THE JUDGMENT IN WPC.28618/2008 Dated 25/09/2008 .................... APPELLANT: -------------- VIDYA.V, W/O.K.C. SREEJITH, PUTHENKULANGARA PADEETTATHIL, KRISHNAPURAM.P.O, KAYAMKULAM, NOW RESIDING AT SREE SADANAM, OTTAKKAL.P.O, KOLLAM - 691 308. BY ADV. SRI.B.MOHANLAL SRI.A.SANIL KUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KPSC DISTRICT OFFICE, KOLLAM. GOVT. PLEADER SRI.SANDESH RAJA SC. K.P.S.C SRI.ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.1956 of 2008 ------------------------------------------------ Dated this the 26th day of September, 2008 JUDGMENT Koshy, J It is the contention of the petitioner that she applied by Ext.P5 application to the P.S.C for selection to the post of H.S.A (Malayalam) in the Education Department in Kollam district. It is the contention of the P.S.C that such an application was not received. This is not a case where application was received after the time and postal delay is alleged as the cause. The application ought to have been received as per notification on or before 18/07/07. It is stated that the application was sent on 19/06/07. Application is dt.12/06/07. Bar cod etc. would show that W. A. No.1956 of 2008 -2- the applicant has purchased the application form. But there is no evidence to show that it was sent on that day. Learned Standing Counsel for the PSC submitted that at the time of pendency of the Writ Petition, detailed search was conducted and no application was received either from any person named “Vidya.V” or from Ottukkal post office, Krishnapuram Post Office and Urukunnu Post Office. On Bar code wise also no such application was received. The learned Standing Counsel for the P.S.C submitted that even now, in 2008 also, no such application was received or traced. More than one year has elapsed after the alleged posting of the application. No evidence was adduced to show that application was sent by post. In these circumstances, we are unable to grant any relief to the appellant/petitioner. W. A. No.1956 of 2008 -3- Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-