IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 6991 of 2009(T) ------------------------- PETITIONER(S): --------------- BINEESH, AGED 27 YEARS, S/O.KRISHNAN, ERUNNUTTIL CHIRA, VAISYANBAGAM (P.O) ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA STATE PUBLIC SERVICE COMMISSION, ERNAKULAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 6991 of 2009 --------------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner is a Scheduled Caste. The 2nd respondent invited applications for the post of Lower Division Clerk in various departments at Ernakulam District. The petitioner has acquired the qualification of B.A. in economics. After the petitioner appeared for OMR test, his name was included in the chance list. Ext.P2 is the Hall Ticket issued to the petitioner for appearing the above test. Accordingly, he was issued Ext.P3 dated 5.12.2008 to appear on 11.12.2008 at 1.30 PM at the office of the 2nd respondent for verifying the necessary original documents. 2. It is pointed out by the petitioner that from the postal endorsements it is clear that Ext.P2 was posted from the concerned Post Office only on 9.12.2008 and the same was received at Alappuzha on 12.12.2008 and was delivered to the petitioner on 13.12.2008. Therefore, the petitioner could not appear on the scheduled date. Thereafter, he filed Ext.P4 wpc/6991/2009 2 representation for allowing him a further opportunity. 3. The respondents have filed a counter affidavit pointing out that the details of the probability list was published in the website of the Commission with time schedule for certificate verification to be held from 01.12.2008 to 05.12.2008. A press release regarding the verification was published in the leading News Papers and other media. It is also pointed out that personal intimations were sent to all absentees by post on 05.12.2008 i.e. on the last date of verification itself which was sent through Business post office, Aluva. All the candidates who turned up for verification up to 27.12.2008 have been included in the Ranked List after verification. 4. Going by the averments in the Writ Petition, it is clear that communication was received by the petitioner, after the date fixed. Therefore, it is not due to the default on the part of the petitioner that he could not appear on the appointed day. The non-receipt of the intimation on the due date should not be a factor to deny any opportunity of the petitioner. Therefore, the Writ Petition is allowed. The petitioner will produce the documents before the second respondent along with a copy of this judgment who will wpc/6991/2009 3 verify the same and include his name at the appropriate place, if he is found eligible, in the rank list already published. If candidates have been advised already, their interests will not be adversely affected by this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps