IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 13247 of 2009() ------------------------- PETITIONER(S): --------------- PADMAKUMARI AMMA W/O. A.RAVEENDRAN, PADMALAYAM, MATHUR P.O., PALAKKAD DISTRICT. (WORKING AS HIGH SCHOOL ASSISTANT, MALAYALAM CFD HIGH SCHOOL, MATHUR, PALAKKAD). BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 2. C.F.D. HIGH SCHOOL, MATHUR, PALAKKAD DISTRICT, REP. BY THE MANAGER. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13247/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of August, 2009 J U D G M E N T This writ petition is filed seeking for a direction to the first respondent to re-evaluate the answer papers of the petitioner in respect of the examination conducted for the paper Kerala Account Code Volume-II and Kerala Treasury Code Volume I and II in July 2008 and January 2009. 2. The petitioner is working as H.S.A (Malayalam) in the second respondent High School. She joined service on 04/06/1984. On the basis of Ext.P1 admission ticket, she appeared for the examination conducted in July 2008 for certain subjects. The petitioner submits that when the result was published, it was found that she had obtained only 29 marks out of hundred, which she claims was due to improper valuation. Therefore, she submitted Ext.P2 request to re-evaluate the answer sheets. 3. There was a subsequent test conducted in January 2009 also. Even though, according to the petitioner, she performed well in the examination, she obtained only 29 marks out of hundred. Therefore, by Ext.P4 a request was made to re-evaluate the answer papers. W.P.(C). No.13247/2009 -:2:- 4. It is submitted in the affidavit filed by the first respondent that the petitioner had obtained only 29 marks in the Account Test Lower Paper IV and Kerala Treasury Code and the marks required for pass in the above paper was 40 out of 100. No difference was found out during rechecking. The same was informed to the petitioner by letter dated 28/03/2009. Regarding the next examination held in January 2009, it is averred that more than 500 applications were received for rechecking and the process is going on. The petitioner will be informed of the result of the rechecking at the earliest. 5. Evidently, there is no specific Rule enabling a person like the petitioner to seek a re-evaluation of the answer papers. In the absence of any enabling Rules, the petitioner cannot claim the same as a matter of right. Going by the affidavit filed by the first respondent, no such practice is also prevalent. Therefore, this Court cannot compel the first respondent to re- evaluate the answer scripts. The respondents are conducting a rechecking on the basis of the application submitted by the petitioner also. 6. The learned counsel for the petitioner submitted that a time limit may be fixed for completing the process of rechecking so that the petitioner can take out appropriate measures in the matter. There will be a W.P.(C). No.13247/2009 -:3:- direction to the first respondent to complete the process of rechecking and convey the result thereof to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms