IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 31640 of 2010(D) --------------------------------- PETITIONER(S): ------------------- SANTHOSH .S, SANTHOSH BHAVAN NETTAYAM P.O., POOYAPPALLY, KOLLAM 691 537. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM 695 004. 2. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION KOLLAM 691 001. R1 & R2 BY ADV.SRI.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.31640 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of November, 2010 J U D G M E N T The petitioner's application for the post of Live Stock Inspector Grade II has been rejected by the Public Service Commission on the ground that, he has wrongly bubbled his register number in the OMR answer sheet. The petitioner submits that, it has no consequence insofar as the petitioner's register number has already been filled up in the answer sheet itself manually and therefore there cannot be any difficulty in identifying the register number of the petitioner. The petitioner therefore seeks the following reliefs: i) To issue a writ of certiorari quashing Ext.P2 to the extent to which it says that the candidature of the petitioner is invalidated on the ground that it is wrongly bubbled; ii) To issue a writ of mandamus directing the respondents to accept the candidature of the petitioner also and to include the petitioner also in Ext.P2 short list and also in the ranked list to be published for the post of Livestock Inspector Gr.II notified as category No.135/2008 by Kerala Public service Commission; W.P.(C)No.31640 of 2010 -2- iii) To issue a writ of mandamus directing the respondents to advice the petitioner also to the post of Livestock Inspector Gr.II notified as category No.135/2008, on the basis of his position in the ranked list; 2. When it was pointed out to the learned counsel for the petitioner that, this court has in several decisions including Division Bench decisions held that wrong bubbling of the register number is sufficient reason to invalidate the candidature of an applicant, the petitioner raised a contention that, the Commission has taken a decision to give relaxation in cases where the number of candidates are few. Therefore I passed the following order on 15.10.2010. “The learned counsel for the petitioner submits that although this Court has already held that wrong bubbling of register number would be sufficient grounds to reject the candidature, he learned that the Commission has taken a decision that some relaxation can be had in cases where the number of candidates is less. The learned standing counsel shall get instructions on the same. Post after two weeks.” 3. Today the learned standing counsel for the P.S.C., after obtaining of instructions, submits that, no such W.P.(C)No.31640 of 2010 -3- decision has been taken by the Commission and they take the stand that the petitioner's candidature has been invalidated correctly. 4. In view of the fact that in W.A. Nos.2752, 2748 & 2487 of 2009 three Division Benches have already held that wrong bubbling of register number in the O.M.R. answer sheet is sufficient reason to invalidate the candidature of an applicant, I do not think that, the petitioner can succeed in this writ petition. Accordingly the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/