IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36348 of 2009(K) --------------------------------------- PETITIONER(S): ------------------------- AJITHA K.R., AGED 37 YEARS, W/O.NARAYANAN, PEON, GOVERNMENT U.P.SCHOOL, VALLACHIRA, THRISSUR DISTRICT AND RESIDING AT VALIYANGOTTU HOUSE, CHERPU, THRISSUR DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36348 of 2009-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009. JUDGMENT The issue raised in the writ petition is covered against the petitioner in the light of the decision of this Court in W.P.(C) No.34380/2008 and in W.A. No.2487/2009. 2. The petitioner herein is a candidate for the post of H.S.A. which was notified as per Ext.P3, from the 10% category. She is working as a Peon in Govt. U.P. School, Vallachira. She submitted an application pursuant to the notification and she was invited for a written test and according to the petitioner, she had done extremely well in the written test. It is the case of the petitioner that only four candidates including the petitioner had applied for the post under the by transfer category. But in Ext.P5, shortlist, her name was not included. On enquiry, the petitioner was informed that the application was invalidated for the reason that the petitioner had not properly bubbled the answer sheet. Ext.P8 is the appeal filed by the petitioner in the matter. 3. Learned Standing Counsel appearing for the Public Service Commission on instructions, submitted that the appeal has been rejected as wpc 36348/2009 2 per communication dated 15.12.2009. The petitioner's register number is 130004 and it was wrongly bubbled in the answer sheet. The very same issue was considered by this Court in W.P.(C) No.34380/2008 and in W.A. No.2487/2009. It was found by this Court that instructions are mandatory to be complied with and there is no provision for any correction therein. In that view of the matter, I find that there is no reason to interfere with the decision of the Commission. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/