IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WA.No. 121 of 2011 ---------------------- AGAINST THE JUDGEMENT IN WPC.1239/2011 Dated 13/01/2011 .................... APPELLANT/PETITIONER --------------------------- SHEELA JACOB, MURINGASSERIL, KANAMOOTTIL, KUMBANAD P.O., PATHANAMTHITTA DISTRICT-689 547. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.S.RAMU RESPONDENTS/RESPONDENTS ---------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM PO, THIRUVANANTHAPURAM- 695004, REPRESENTED BY ITS SECRETARY. 2. CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE PO, THIRUVANANTHAPURAM-695004. 3. CONTROLLER OF EXAMINATIONS, KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004. 4. ADDITIONAL SECRETARY (EXAMINATIONS), KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004. 5. KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY. R1 BY STANDING COUNSEL SRI.ASOK M.CHERIAN R2 TO R5 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No.121 of 2011 ------------------------------------------ Dated this the 28th day of January, 2011 JUDGMENT Ramachandra Menon, J. The appellant who is the writ petitioner seeks to challenge the finding and reasoning given by the learned Single Judge while dismissing the writ petition declining interference with regard to the prayer to consider the candidature of the appellant/petitioner in respect of the test wherein the appellant happened to bubble the register number in the Optical Mark Reader (OMR) sheet in a wrong manner, whereby the answer sheet was rejected. 2. The sequence of events as narrated in the writ petition as well as the writ appeal shows that the mistake committed on the part of the appellant is rather admitted. The only case was that, on realising the mistake, the appellant sought for issuance of a fresh OMR sheet which however was declined. It was contended that the action pursued by the respondents very much adversely affected the rights and liberties of the appellant with regard to promotion for which she was eligible. It was pointed out that the W.A. No.121 of 2011 - 2 - test for promotion was being conducted only once in a while and that the last test was held only in the year 2005 and as such, the appellant ought not to have been non-suited in this regard. 3. The contentions raised by the appellant were considered and the factual position was analysed by the learned Single Judge in the light of the law declared by a Division Bench of this Court in the decision reported in Susheela v. Kerala Public Service Commission (2010 (4) KLT 986). Though the appellant sought to draw a distinction with the dictum therein, the learned Single Judge negated the said contention and a finding was rendered to the contrary dismissing the writ petition, which is under challenge in this writ appeal. 4. The learned counsel for the appellant submits that there is absolutely no bar for having issued a fresh OMR sheet. However, the learned counsel could not point out any specific provision enabling such an exercise, more so when limited number of OMR sheets are stated to be issued in connection with such tests being conducted by the Public Service Commission. The mistake committed by the appellant having been admitted and the law having been declared by the Division Bench of this Court in the decision cited supra, we do not find any reason to interfere with the W.A. No.121 of 2011 - 3 - finding and reasoning of the learned Single Judge. The writ appeal fails and the same is dismissed accordingly. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns