IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WA.No. 35 of 2010() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.57/2010 Dated 06/01/2010 .................... APPELLANT(S): PETITIONER ------------------------ LEKHA.R., AGED 22 YEARS, D/O. RAJAGOPAL, RESIDING AT "SREELOKAM" PUTHUPPALLY SOUTH.P.O., KAYAMKULAM. BY ADV. SRI.T.C.GOVINDA SWAMY RESPONDENT(S): --------------- 1. THE REGISTRAR (SUBORDINATE JUDICIARY) HON'BLE HIGH COURT OF KERALA, KOCHI-682031. 2. THE SECRETARY, MUNSIFF-MAGISTRATE'S RECRUITMENT COMMITTEE HIGH COURT OF KERALA, KOCHI-682031. ADV.SRI.K.R.B.KAIMAL.(SENIOR COUNSEL) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.35 of 2010 ---------------------------------------------- Dated 8th January, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. The respondents herein were the respondents in the writ petition. 2. The appellant was an applicant for the post of Munsiff Magistrate in the Kerala Judicial Service, when applications were invited for the same by the respondents as per Ext.P1 proceedings. But, her application was rejected and she was informed of the same by Ext.P2 communication dated 23.12.2009. The said communication would show that her application was rejected for three reasons. They were, (1) the application unaccompanied by copy of original LLB degree certificate, but accompanied by provisional certificate. (2) Copy of school records attested by a non-gazetted officer (3) No designation of the attesting officer is given in Form A. Challenging Ext.P2, the writ petition was filed. 3. The learned Single Judge took the view that defect numbers 1 and 3 mentioned above were not very serious, but defect No.2 was held to be a grave irregularity, and upheld the WA NO.35/10 2 rejection of the application. The said finding of the learned Single Judge is under challenge in this appeal. 4. The learned counsel Sri.T.C.Govindaswamy, who appeared for the appellant, submitted that the appellant bonafide thought that the Principal of a Higher Secondary School is competent to attest certificates, even if that school is an aided school. The counsel submitted that the appellant is a brilliant student, who has been vigorously preparing for the test for the last four months and she may be given a chance to take the test. The counsel also relied on two decisions of the Apex Court, which he cited before the learned Single Judge unsuccessfully. 5. We heard Sri.K.R.B.Kaimal, the learned senior counsel who appeared for the respondents. He made available photocopy of the application form submitted by the appellant. We find that the photo of the appellant in the first page of the application is attested by the Principal of B.J.S.M. Madathil Vocational Higher Secondary School. Her Higher Secondary School Examination certificate is also attested by the said Principal. We notice that the various certificates produced by her to prove the educational qualifications were also attested by the WA NO.35/10 3 said Principal. The notification specifically stipulates that attestation should be done by a Gazetted Officer. This is not a defect which could be cured by returning the application to the applicant in order to get the copies attested by a Gazetted Officer, or by permitting her to supply new copies of certificates attested by a Gazetted Officer. In view of that position, we find nothing wrong with the view taken by the respondents or the learned Single Judge. When the application is not submitted in accordance with the notification, we cannot take any lenient view, as suggested by the learned counsel for the appellant. Only valid applications can be entertained by the respondents. We cannot dilute the rigour of the rules concerning these matters. In the result, the writ appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.35 of 2010 ---------------------------------------------- J U D G M E N T Dated 8th January, 2010.