IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 23442 of 2005(N) -------------------------- PETITIONER: --------------- AJI ALEXANDER, AGED 31, S/O.ALEXANDER, K.P., 1-194, KOCHUPURACKAL, MUTTADA P.O., THIRUVANANTHAPURAM-25. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: --------------- THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, OFFICE OF KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/8/2011, ALONG WITH WPC NO. 3896 OF 2006 . THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23442 of 2005(N) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE COPY OF ADMISSION TICKET ISSUED TO PETITIONER FOR THE OBJECTIVE TYPE TEST HELD ON 13.11.2004, BY RESPONDENT. P2: TRUE COPY OF QUESTION BOOKLET. P3: TRUE COPY OF ANSWER KEY PUBLISHED IN THE P.S.C. BULLETTIN ON 15.3.2005 P4: TRUE COPY OF RELEVANT PAGES OF ASHTANGAHRIDAYA NIDHANAM PERTAINING TO THE RELEVANT SLOGA 20 P5: TRUE COPY OF RELEVANT PAGE OF SUSHRUTHA NIDHANAM PERTAINING TO SLOGA 18. P6: TRUE COPY OF RELEVANT PAGES OF ASHTANGAHRIDAYA NIDHANAM PERTAINING TO SLOGA 53. P7: TRUE COPY OF RELEVANT PAGES OF MADHAVA NIDHANAM PERTAINING TO SLOGA 61. P8: TRUE COPY OF RELEVANT PAGE OF SUSHRUTHA SAMHITA PERTAINING TO SLOGA 77. P9: TRUE COPY OF RELEVANT PAGES OF ASHTAGAHRIDAYA NIDHANAM PERTAINING 9SLOGA 21 TO 24) P10: TRUE COPY OF THE RELEVANT PAGES OF MADHAVA NIDHANAM PERTAINING TO SLOGA 20. P11: TRUE COPY OF THE RELEVANT PAGES OF CHARAKA SAMHITA KALPASTANA PERTAINING TO SLOGA 2 TO 7 P12: TRUE COPY OF RELEVANT PAES OF ASHTANGA SANGRAHA SOOTHRASTANA PERTAINING TO (SLOGA 1 & 3 ) P13: TRUE COPY OF THE RELEVANT PAGES OF SUSHRUTHA SAMHITHA PERTAINING TO SLOGA 22 TO 23 P14: TRUE COPY OF THE RELEVANT PAGES OF ASHTANGAHRIDAYA NIDHANAM PERTAINING TO SLOGA 13 TO 16. P15: TRUE COPY OF THE RELEVANT PAGES OF MADHAVA NIDHANAM PERTAINING TO SLOGA 12 TO 17 P16: TRUE COPY OF SHORT LIST OF MEDICAL OFFICER (AYURVEDA) PUBLISHED ON 20.6.2005 P17: TRUE COPY OF REPRESENTATION DT.11.7.2005 SUBMITTED BY PETITIONER BEFORE THE CHAIRMAN OF RESPONDENT. //TRUE COPY// PA TO JUDGE S.SIRI JAGAN, J. ================== W.P.(C).No. 23442/2005 & 3896/2006 ================== Dated this the 12th day of August, 2011 J U D G M E N T The petitioners in these two writ petitions are candidates, who appeared for selection to the post of Medical Officer, Ayurveda, in Indian Systems of Medicine pursuant to notification inviting applications, published by the Public Service Commission. The petitioners did not either find a place in the ranked list or obtained a lower rank which was not sufficient for earning advice to vacancies reported. The petitioners' contention is that the answer key published subsequent to the written test was tainted with errors insofar as incorrect answers were given as correct answers. The petitioners, therefore, seek the following reliefs: W.P.(C).No. 23442/2005: “to issue a writ of mandamus or any other appropriate writ, order or direction to respondent to recast the short list with respect to Medial Officer (Ayurveda) by reckoning correct choice to question Nos.20, 24 & 29 in Exhibit P2 and by cancelling question Nos.25 & 28 in Exhibit P2.” W.P.(C).No. 3896/2006: “i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts.P1 and P6 and quash them to the extent objected to in this Writ Petition. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to correct the mistakes in Ext.P1 and recast Ext.P6 based on the result of the rectification of mistakes in Ext.P1. iii) issue a writ of mandamus or any other appropriate writ, order w.p.c.23442/05 & cc 2 or direction commanding the respondents to pass orders on Exts.P2, P4 and P7 as expeditiously as possible and at any rate within a time limit to be fixed by this Hon'ble Court. iv) pleased to appoint an expert to examine Ext.P1. v) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to recheck the answer script of the petitioner bearing register No.101181, in respect of the written test for the post of Medical Officer (Ayurveda) in the Indian Systems of Medicine.” I am not inclined to consider these writ petitions on merits for the simple reason that even if I accept the contentions of the petitioners, it would not be possible to give any relief to the petitioners at this point of time. The list has been published long ago and the validity of the same has already expired. The candidates who have been included in the rank list have already been advised and appointed. It would be impracticable to direct the respondents to retrace their steps to redo the ranked list on the basis of the contentions raised by the petitioners by reallocating marks to the candidates, even if the contentions of the petitioners are correct. In the above circumstances, these writ petitions are dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge