IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 19076 of 2009(D) --------------------------------------- PETITIONER: ------------------- PUSHPAN K.T., KUNNUGAL HOUSE, NEREKKADAVU, UDAYANAPURAM POST, VAIKOM, KOTTAYAM - 686 143. BY ADVS. MR.C.P.KUNJHIKANNAN, MR.S.K.MADHU. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, WATER TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA., 3. KERALA PUBLIC SERVICE COMMISSION, REP.BY SECRETARY, TRIVANDRUM. R1 & R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.19076 of 2009-D ------------------------------ Dated this the 27th day of August, 2009. J U D G M E N T Heard Sri.C.P.Kunhikannan, the learned counsel appearing for the petitioner and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioner was an applicant for appointment to the post of Boat Lascar in the Kerala State Water Transport Department. A written test was held on 8.2.2008. The petitioner appeared for the said test. Thereafter a short list was published. The name of the petitioner was not included therein. He thereupon made enquiries and according to the petitioner he was told that his answer sheet was invalidated because Parts A and B of the OMR answer script were incorrectly separated. He thereupon filed Ext.P3 representation before the Secretary of the Kerala Public Service Commission requesting the Commission to include his name in the main list of the shortlist. This writ petition was thereafter filed challenging Ext.P2 short list and seeking a writ in the nature of mandamus commanding the respondents to include his name in the main list of the shortlist. 3. Pursuant to the directions issued by this Court, the learned standing counsel for the Kerala Public Service Commission made available W.P(C) No.19076 of 2009-D 2 to me the original of the petitioner’s OMR answer script. The answer script consists of two parts. Part A contains the registration number and other details of the candidate, namely his date of birth, whether he is entitled for reservation, the name of the post applied for and also the date of examination. It also bears the signature of the invigilator. Part B is the answer sheet, wherein the candidates have to enter the answers. As per the instructions, candidates cannot write their register number in Part B of the answer sheet. Parts A and B bear Bar Codes which are identical. The instructions on the reverse of the answer script read thus: “When the test is over, candidates must separate Part A and Part B of the answer sheet along the perforation and handover both parts together with question booklet to the invigilator before leaving examination hall." 4. As noticed earlier, on either side of the perforation, Part A and Part B of the answer sheet bear identical Bar codes. Since Part B does not contain the register number of the candidate, Part B can be co- related with Part A only if Part B also bears the Bar code. The petitioner did not separate Part A and B in the manner instructed along the perforation. Part B of the answer sheet was separated by him in such a manner that it did not contain any portion of the Bar code. Thus it became impossible for the Commission to identify the answer script as that of the petitioner or of any other candidate. Therefore, the Commission cannot be found fault with for having invalidated his answer W.P(C) No.19076 of 2009-D 3 script. In my opinion, on the facts disclosed, it cannot be said that the non inclusion of the petitioner’s name in Ext.P2 shortlist is illegal. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab