IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 29017 of 2010(B) -------------------------- PETITIONER(S): --------------- MALINI T.R., W/O.VIVEKANDAN C. AND D/O.T.RAMOJI RAO, CHERLAKAI HOUSE, ADOOR VILLAGE, P.O.URDOOR, KASARAGOD DISTRICT-671 543. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671121. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD-671121. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29017 of 2010 --------------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT The petitioner applied for the post of HSA (Physical Science) (Kannada Medium) as per the notification issued by the Kerala Public Service Commission. The petitioner appeared for the written test held on 7.1.2010. Exhibit P2 short list was published on 2.9.2010. In the short list, register number of the petitioner was not included. As per Exhibit P3 dated 11.6.2010 issued by the Kerala Public Service Commission, it was notified that the answer scripts of register numbers 130023 and 130025 were invalidated. The register number of the petitioner is 130023. The reason for rejection was stated in Exhibit P3 thus : “Register number not bubbled or wrongly bubbled”. 2. When the Writ Petition came up for admission on 22.9.2010, the following interim order was passed : “The learned Standing Counsel for the Public Service Commission submitted that the issue involved in the Writ Petition is covered WPC No.29017/2010 2 against the petitioners in various decisions including the judgment in W.P.(C) No.21050 of 2010. The learned counsel for the petitioner pointed out that the reason for invalidation of the answer scripts is stated in Ext.P3 in the following terms. “Register Number not bubbled or wrongly bubbled.” 2. The counsel submits that the invalidation of the answer scripts was made without applying mind and that is the reason why such a vague expression is used in Ext.P3. In the circumstances, there will be a direction to the Public Service Commission to produce an attested photocopy of that portion of the answer script which is relevant for the purpose.” 3. The photocopy of the relevant page of the OMR answer script was produced by the Standing Counsel for PSC. On a perusal of the same, it is seen that the register number was wrongly bubbled by the petitioner. Following the judgments in Writ Appeal Nos.2752 of 2009, 2748 of 2009 and 2487 of 2009, I had occasion to dismiss Writ Petition (C) No.21050 of 2010 as WPC No.29017/2010 3 per the judgment dated 7.9.2010, in a similar case. Going by the judgments of the Division Bench and the judgment in Writ Petition No.21050 of 2010, the reliefs prayed by the petitioner cannot be granted. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl