IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20353 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------- 1. THULASEEDHARAKURUP C.R., S/O.LATE MR. RAGHAVAN PILLAI, S.M.PALACE, FORT-MAVELIKKARA P.O., PIN-690 101. 2. SREEKUMAR S.K., S/O. LATE KUMARAN NAIR, SREENILAYAM HOUSE, EZHUMATTOOR P.O., MALLAPPALLY, PIN-689 586. 3. AMEERUL HASSAN U.K., S/O.LATE ABOOBACKER U.K., OTTUPARAMBIL HOUSE, OMANOOR P.O., MALAPPURAM DIST.-673 645. 4. BENNY L., S/O. G.LEKSHMANAN ACHARY, PANDARUKONATHU PADINJATTETHIL HOUSE, PERUMANOOR P.O., VALAKOM, KOLLAM DISTRICT-691 545. 5. SIVAPRASAD R., S/O. LATE RAVEENDRAN K., 'SIVASADANAM', CHITTOOR, PONMANA P.O., CHAVARA, KOLLAM DISTRICT - 691 583. 6. JAYESH H., S/O. P.HARIDASAN, 'BHAVANA', KILIKOLLOOR, KOLLAM-691 004. 7. PRADEESH S., S/O. SIVAPRASAD, ANANDA VEEDU THEKKATHIL, KANDACHIRA, KOLLAM-691 601. 8. BINDU K.S., W/O. V.K.SURESH, VADAKKEPARAMBIL HOUSE, KANNAMALY P.O., ERNAKULAM-682 008. 9. ROSHAN M.Y., HOUSE NO.23/2164, VALLAM PARAMBIL, MANGAMADOM, PALLURUTHY, KOCHI-682 006. BY ADV. MR.KALEESWARAM RAJ Kss ..2/- ...2..... WPC.NO.20353/2009 L RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN R2 & R3 BY ADV. MR. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009 ALONG WITH WPC NO. 20481 OF 2009 AND WPC NO. 20482 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------------------- W.P(C) No. 20353 of 2009-L, 20481 of 2009-E & 20482 of 2009-E ---------------------------------------- Dated this the 24th day of July, 2009. J U D G M E N T Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioners applied for appointment to the post of Assistant/Auditor in Government Secretariat/Kerala Public Service Commission/Local Fund Audit Department. The petitioners were not selected. In these writ petitions, the petitioners contend that as more than 50% of the candidates selected and included in Ext.P3 short list published on 11.6.2009 are from Thiruvananthapuram District, it is evident that there was foul play and malpractices in the valuation. On this ground the petitioners pray for revaluation of the answer scripts by an independent agency. 3. The issue raised in these writ petitions is in my opinion covered against the petitioners by the decisions of the Apex Court in Pramod Kumar Srivastava V. Chairman, Bihar Public Service Commission (2004) 6 SCC 714 and in Civil Appeal No.461 of 2008 W.P(C) No. 20353 of 2009-L, 20481 of 2009-E & 20482 of 2009-E 2 (Kerala Public Service Commission & others V. Narayanan Kunchumbidukka & another). The Apex Court has in the aforesaid decisions held that in the absence of any provision for re-valuation of answer books in the relevant rules, no candidate in an examination has got any right whatsoever to claim or ask for re- valuation of his answer scripts. The petitioners have not been able to point out any provision entitling them to seek re-valuation. Further none of the candidates included in the short list are on the party array even in a representative capacity. In that view of the matter, following the decisions of the Apex Court referred to above, I am persuaded to hold that the reliefs prayed for in these writ petitions cannot be granted. The writ petitions fail and are accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab