Ashily Susan Kuriakose vs The Commissioner Of Entrance … on 28 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13265 of 2008(D)


1. ASHILY SUSAN KURIAKOSE
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER OF ENTRANCE EXAMINATION
                       ...       Respondent

                For Petitioner  :SRI.MATHEW JOHN (K)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :28/05/2008

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 13265 of 2008
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                   Dated this, the 28th May, 2008.

                            J U D G M E N T

Petitioner’s application for appearing for the entrance

examination was apparently rejected on account of some defect in the

same. The defect appears to be that the photograph produced along

with the application was not properly attested. According to the

petitioner, it was attested by the Chief Manager of the State Bank of

Travancore, Zonal Office, Kottayam, which is proper. Therefore, the

petitioner seeks to accept her application as proper and to declare her

results in the Entrance Examination which she has written on the

strength of interim order of this Court .

2. The 1st respondent has filed a counter affidavit stating that as

per the prospectus issued, the photograph has to be attested by a

gazetted officer and the Chief Manager of the State Bank of

Travancore is not a gazetted officer. It is not disputed before me

that as per the prospectus, the stipulation is that the photograph has

to be attested by a gazetted officer. Although the petitioner would

contend that the Chief Manager’s appointment is liable to be gazetted,

he could not satisfy me that the Chief Manager of the State Bank of

Travancore is a gazetted officer. He is not an officer of the

Government at all. When the prospectus stipulates that the

photograph has to be attested by a gazetted officer, the application

which does not comply with the stipulation, cannot be accepted in

law. If, on considerations of sympathy such requests are to be

accepted, then it would result in difficulties to the respondents in

other cases also. Therefore, I do not find any merit in the writ

petition and accordingly the same is dismissed.

S. Siri Jagan, Judge.

Tds/