IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 14573 of 2011(R) -------------------------- PETITIONER(S): --------------- YAZID MOHAMMED KHAN B., 'DILKUSH', A.K.G.VAYANASALA ROAD, CHAKKARAPARAMBU, THAMMANAM, ERNAKULAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031, REPRESENTED BY THE REGISTRAR GENERAL. 2. THE SECRETARY, MUNISIFF-MAGISTRATE RECRUITMENT COMMITTEE/REGISTRAR (ADMINISTRATION) THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 14573 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of June, 2011. J U D G M E N T The petitioner is a law graduate, who wants to participate in the selection to the post of Munsiff-Magistrate in the Kerala Judicial Service. Notification was issued by the High Court inviting applications, pursuant to which the petitioner applied. But, by Ext. P3 communication, the petitioner was informed that the petitioner's application has been rejected for the following defects: “1. There is no designation of the Gazetted Officer in Form-B (Certificate of Character and Conduct) produced by you. 2. Your photograph in Form-D (Admission Ticket) is not attested by a Gazetted Officer.” The petitioner is challenging the same. 2. I have heard the standing counsel for the High Court also. 3. The Gazetted Officer, who attested Form-B certificate, is none other than a District Judge, who is the Director of the Kerala Judicial Academy and the failure to put the designation while attesting is not a material defect, which would render the application itself invalid. Further, during the earlier selection, a Division Bench of this Court has, in W.A.No. 35/2010 held so. Regarding the second defect, it is seen that there are 3 photographs to be attached to the application form, one in the application form, the second in Form-D admission ticket and the 3rd in Form-E attendance slip. In Form-E attendance slip, the photograph of the petitioner has been duly attested by the very W.P(C) No. 14573 of 2011 -: 2 :- same officer. In the application form, he has attested the photograph but without his designation. He has put his office seal and name seal in Form-D admission ticket but forgot to sign the same. Insofar as there are two attested photographs available as part of the application itself, there cannot be any doubt that the photograph in Form-D admission ticket is that of the petitioner insofar as all the three photographs are of the same person. Therefore, I am of opinion that while forwarding admission ticket to the petitioner, the appropriate officer of the High Court can authenticate the photograph as that of the petitioner. In the above circumstances, I direct the respondents to allow the petitioner to participate in the selection process notwithstanding the defects pointed out in Ext. P3. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.