IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20693 of 2008(L) -------------------------- PETITIONER: ------------ SREEJA.K.V., U.D.CLERK, DEPARTMENT OF COMMERCIAL TAXES, PATTAMBI, RESIDING AT KAPPIYOOR MANA, ARANGOTTUKARA, PALAKKAD DIST. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM-4. 2. JOINT SECRETARY, DEPARTMENTAL TEST, KERALA PUBLICL SERVICE COMMISSION, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM-4. BY STANDING COUNSEL SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 20693 of 2008 --------------------------------- Dated this the 9th day of July, 2008 JUDGMENT The issue raised in this case is similar to one considered by this court in WPC.No.38228/2007 and connected cases. The following directions were issued in the said cases: (a) The Commission may consider whether the defects noted in the rejection memos issued in each one of the cases itself is condonable or curable, as the case may be. (b) If they are so curable and condonable, an opportunity may be granted to the petitioners, to cure the same. (c) If the Public Service Commission feels that the defects cannot be and should not be permitted to be cured or condoned, then it shall issue a notice to the applicant conveying its proposal to do so. Then the applicants will be entitled to submit his/her objections and if the Commission decides to to affirm the proposal, it shall pass an order indicating its reasons for arriving at such a decision and communicate the same to the applicants. (d) The participation of the petitioners in the respective examinations shall be treated as regular and valid WPC.20693 /2008 2 subject to the decision to be taken by the Commission as aforementioned. (e) If the Commission finds that the defect involved in each one of the applications is curable and condonable, it should be condoned or allowed to be cured. (f) The results of the participation of each one of the applicants shall be declared and further consequential action taken, subject to the decision to be taken by the Commission as mentioned above. 2. It is declared that the same directions are applicable in the case of the petitioner herein and accordingly the PSC shall consider whether the defect in the petitioner's application as noted in Ext.P1 is curable and condonable and if it can be so cured or condoned, the petitioner can be given an opportunity to condone the same. Orders in this regard in terms of the directions as mentioned above shall be issued within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile the petitioner shall be permitted to attend the departmental test paper III in Book-keeping and Accountancy WPC.20693 /2008 3 (AIT and ST Department Test) scheduled to be held on 17.7.2008 in the centre at Ottapalam. The result of such participation shall be subject to the decision to be taken by the PSC as aforementioned. V. GIRI, JUDGE. pmn/ WPC.20693 /2008 4