IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 810 of 2008(U) ------------------------ PETITIONER: ------------ PRADEEP.N., PRADEEP MANDIRAM, AITHALA, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM. 3. INDIRA GANDHI NATIONAL OPEN UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIDAN GARHI, NEW DELHI-110 068. 4. THE CONTROLLER STUDENT REGISTRATION & EVALUATION DIVISION, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GARHI, NEW DELHI-110 068. 5. THE REGIONAL DIRECTOR, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, REGIONAL CENTRE, COCHIN-17, ERNAKULAM. SHRI. P.M.M.NAJEEB KHAN SHRI.ALAXANDER THOMAS, SC. G.P. SHRI.A.J.VARGHESE SRI.R.VINOD, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ====================== W.P.(C).No.810 of 2008 ====================== Dated this the 11th day of January, 2008 J U D G M E N T The petitioner passed M.C.A. Examination conducted by the Indira Gandhi National Open University. On the strength of that degree, he applied for selection to the post of Higher Secondary School Teacher, pursuant to the notification issued by the Public Service Commission. The last date prescribed for submitting the application was 11.8.2004. According to the petitioner, he passed the M.C.A. examination prior to that date. He would submit that Ext.P1 degree certificate and Ext.P2 mark list would clearly show the same. In respect of the same, the Public Service Commission insisted that the petitioner should produce further evidence to show that his result was published before the last date for submitting the application. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the 2nd respondent to publish the result of the petitioner without insisting on w.p.c.810/08 2 production of evidence to show that he passed the M.C.A. examination before the last date prescribed for submitting application for selection and appointment as Higher Secondary School Teacher (Junior) in Computer Science. b) To issue a writ order or direction directing the 2nd respondent to advise the petitioner as eligible for Higher Secondary School Teacher (Junior) in Computer Science Application if he qualifies on the publication of the result. b) Alternatively the petitioner prays for a direction to the respondents 3 to 5 to issue a certificate showing the date of publication of the result of the petitioner for M.C.A.” 2. The learned Standing Counsel appearing for the Commission submits that there is an apparent discrepancy between Exts.P1 and P2 on the one hand and Ext.P5 on the other, in so far as in Exts.P1 & P2, the examination is stated to be held in June, 2004, and the petitioner represented in Ext.P5 that the examination was actually held in January 2005. I am of opinion that since in Ext.P2 mark list, genuineness of which is not disputed by the PSC, it is specifically stated that the petitioner has successfully completed M.C.A. in June, 2004, which is two months prior to the last date for submitting application before the PSC, that would sufficiently clarify the position that the petitioner has passed the qualifying examination prior to the last date fixed by the PSC for submitting application. Therefore, there w.p.c.810/08 3 would be a direction to the PSC to treat the petitioner as having obtained the qualifying degree before the last date for submitting application and having submitted a valid application in time and the process his candidature accordingly. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge