High Court Kerala High Court

Sumina Rani.A. vs Kerala Public Service Commission on 21 January, 2011

Kerala High Court
Sumina Rani.A. vs Kerala Public Service Commission on 21 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1164 of 2010(A)


1. SUMINA RANI.A., W/O.SAIDU,
                      ...  Petitioner

                        Vs



1. KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE GOVERNMENT OF KERALA REPRESENTED BY

                For Petitioner  :SRI.M.K.PRADEEPKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :21/01/2011

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                       R.P.NO. 1164 OF 2010
                                       in
                   W.P.(C). NO. 13241 OF 2009 A
              ------------------------------------------------------
              Dated this the 21st day of January, 2011

                                  O R D E R

The writ petitioner seeks to review the judgment dated

18.10.2010. After the disposal of the W.P.(C) No.13241 of 2009, the

petitioner filed W.P.(C) No.34344 of 2010, in which, the disposal of

W.P.(C) No.13241 of 2009 was not disclosed. It is submitted by the

learned counsel for the petitioner that when W.P.(C) No.34344 of

2010 came up for consideration, learned Standing Counsel for the

Public Service Commission submitted that the said Writ Petition is

barred by the principles of res judicata in view of the disposal of W.P.

(C) No.13241 of 2009. It is further stated in paragraph 11 of the

Review Petition thus:

“11. Whereas, while the W.P.(C)34344/2010

came up for admission Learned Standing Counsel for

the Kerala Public Service Commission pointed out that

W.P.(C) 13241/2009 filed by the petitioner was

dismissed by the judgment dated 18th October, 2010 on

the ground that it had become infructuous and it was

also pointed out that this fact is not mentioned in the

R.P.NO.1164 OF 2010 IN W.P.(C) NO.13241 OF 2009

:: 2 ::

present Writ Petition and it amounts to suppression of

material facts. This situation was embracing to the

petitioner as petitioner was not aware about the disposal

of W.P.(C) 13241/2009 while filing the W.P.(C) 34344/

2010. There was some communication gap between

petitioner and the Learned Counsel who was engaged in

W.P.(C) 13241/2009 was the reason for this as well as

the fact in respect of W.P.(C)1800/2010 that was

pending consideration was not brought to the notice of

this Hon’ble High Court while disposing W.P.(C)13241/

2009 on 18.10.2010.”

2. The reasons stated by the petitioner for reviewing the

judgment are not sufficient. That the petitioner did not disclose the

disposal of W.P.(C) No.13241 of 2009 in a subsequent Writ Petition

filed by her is not a ground for reviewing the judgment in W.P.(C)

No.13241 of 2009.

The Review Petition lacks merit and it is, accordingly,

dismissed.

(K.T.SANKARAN)
Judge
ahz/