A.P.Muraleedharan. vs District Officer on 8 March, 2010

Kerala High Court
A.P.Muraleedharan. vs District Officer on 8 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 348 of 2010()


1. A.P.MURALEEDHARAN.,S/O.GOPALAN.,
                      ...  Petitioner

                        Vs



1. DISTRICT OFFICER,
                       ...       Respondent

2. KERALA PUBLIC SERVICE COMMISSION.

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/03/2010

 O R D E R
        K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
              ----------------------------------------------
                     W.A. No.348 of 2010
              ----------------------------------------------
                     Dated 8th March, 2010.

                          J U D G M E N T

Balakrishnan Nair, J.

The appellant was an applicant for the post of Driver

Grade II, in various departments, in Kozhikode District. The

category number given to the said post, in the notification issued

by the Public Service Commission (for short, ‘PSC’) was 32/07.

But, in the application, the appellant wrongly entered the

category number as 33/07. It appears, in the envelope

containing the application, he mentioned the correct category

number. Apparently, for that reason, he was called for the test.

Later, on realizing the defect in the application, the PSC rejected

it. The said decision was communicated to the appellant, by

Ext.P3. Challenging Ext.P3 and seeking consequential reliefs, the

Writ Petition was filed. The learned Single Judge dismissed the

Writ Petition. Hence, this Writ Appeal.

2. We heard the learned counsel for the appellant. He

extensively canvassed the grounds, which were unsuccessfully

raised before the learned Single Judge. The short point that

arises for decision in this case is, whether the decision of the PSC

WA NO.348/10 2

impugned is, one within jurisdiction. We have no doubt in our

mind that if the application does not mention the correct category

number, it is a defective application. If the PSC decides to reject

a defective application, the same cannot be said to be ultra vires

or unauthorised. If the decision of the PSC is one within

jurisdiction, this Court cannot probe into the matter any further.

Therefore, we find no reason to interfere with the decision of the

learned Single Judge. Accordingly, the Writ Appeal is dismissed.

K.BALAKRISHNAN NAIR, JUDGE.

P.N.RAVINDRAN, JUDGE.

tgs

K.BALAKRISHNAN NAIR &

P.N.RAVINDRAN, JJ.

———————————————-

W.A. No.348 of 2010

———————————————-

J U D G M E N T

Dated 8th March, 2010.

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