IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 34146 of 2004(M) -------------------------- PETITIONER: ------------ LETHA JOHN, OTTAPLAVILAYIL, EDAPONE, AYRANIKUDY P.O., PANDALAM, ALAPPUZHA DISTRICT. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.G.BENO RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM-4. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 R2 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT DATED 9.6.2002 EXT.P2 TRUE COPY OF THE LIST PUBLISHED BY 1ST RESPONDENT DATED 4.3.2004 EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 15.3.2004 EXT.P4 TRUE COPY OF THE REPLY ISSUED BY 1ST RESPONDENT TO THE PETITIONER DATED 7.5.2004 EXT.P5 TRUE COPY OF THE JUDGMENT IN WPC 15952 OF 2004 OF THE HON'BLE HIGH COURT OF KERALA DATED 18.6.2004 EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 28.6.2004 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE DEPOSIT RECEIPT OF RS. 3000/- DATED 26.7.2004 EXT.P8 TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 23.7.2004 EXT.P9 TRUE COPY OF THE QUESTION PAPER FOR THE EXAMINATION IVNOLVED AND THE KEY ANSWERS APPEARED IN THE MATHRUBHOOMI THOZHIL VARTHA DATED 19.7.2003 EXT.P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE FIRST RESPONDENT DATED 18.9.2004 EXT.P11 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT SIGNED BY THE FIRST RESPONDENT ON 21.9.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 34146 OF 2004 -------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT Heard senior counsel appearing for the petitioner, and counsel appearing for the respondents. Even though counsel for the petitioner submitted that denial of mark for a question properly answered by the petitioner, though with spelling mistake, is not correct, I do not think there is any justification for this Court to order revaluation of answer book for thereason that the list prepared by the PSC itself would have expired by now. In any case, since petitioner has secured 49.5 per cent as against 50% required and petitioner has brought out a case against denial of mark only on account of spelling mistake, I feel petitioner is entitled to refund of the amount deposited by her. W.P. is accordoingly disposed of with direction to the PSC to refund Rs. 3,000/- deposited by the petitioner for verification of answer book. Refund should be granted within one month from the date of production of a copy of this judgment. (C.N. RAMACHANDRAN NAIR) Judge kk 2