High Court Kerala High Court

Bindu M.S vs The Kerala Public Service … on 12 October, 2006

Kerala High Court
Bindu M.S vs The Kerala Public Service … on 12 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13178 of 2006(R)


1. BINDU M.S.,
                      ...  Petitioner

                        Vs



1. THE KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

 Dated :12/10/2006

 O R D E R
                           K.K. DENESAN, J.

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                    W.P.(C) No.13178 OF 2006 R
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                 Dated this the 12th October, 2006

                            J U D G M E N T

The petitioner applied for the post of Sub Engineer

(Electrical) in the Kerala State Electricity Board. On

1-1-2005 she was called for written test which was held on

5-3-2005. The answer key was published in the P.S.C.

bulletin dated 15-4-2005. On the report of the experts,

the Commission decided to delete 4 questions before

valuation. Hence, the valuation was done for the remaining

96 questions and the answers in response to the same. The

questions deleted are question Nos. 48, 62, 64 and 77. The

short list was published on 31-3-2006. The petitioner’s

register number is not in the short list. At that stage,

she filed this writ petition seeking for a direction to the

respondent-Commission to re-value her answer sheet and for

a direction to include her in the rank list for the post.

It is contended that the written test was held improperly

and illegally, and therefore, the valuation of the answer

papers is liable to be declared erroneous. It is pertinent

to note that the writ petition was filed only on 22-5-2006.

WPC No. 13178/06 -2-

2. In the counter affidavit filed by the respondent-

Commission, it is stated that the writ petition is belated

and on that ground alone it is liable to be dismissed. As

regards the merit of the contentions raised by the

petitioner, the respondent-Commission would submit that the

answer key was published in order to provide opportunity to

the candidates to bring to the notice of the Commission any

error in the question papers or the answer key, but the

petitioner did not avail that opportunity.

3. The expert committee was directed to go into the

correctness of the questions and the answers. This was

done by the Commission suo motu to ensure that errors are

detected before proceeding further. Based on the opinion

expressed by the expert, the Commission deleted four

questions. Consequently answers to those questions were

not valued. This writ petition has been filed after one

year from the date of publication of the answer key. Going

by the number of candidates to be included in the short

list based on the number of vacancies reported and the

marks secured by the candidates, the petitioner will not

find a place in the short list as she could secure only

lower marks than the marks secured by the candidate who was

WPC No. 13178/06 -3-

found eligible to be included in the short list as the last

person. As far as the supplementary list is concerned, the

same is the position of the petitioner who belongs to

Ezhava community. The last candidate whose register number

finds a place in the short list has secured 82 marks

whereas the marks secured by the petitioner in the written

test is 77.

4. The publication of the answer key, soon after the

written test, is a material fact which is not in dispute.

The petitioner kept silent at the relevant time. She was

sitting on the fence. She raised objections against the

legality of the written test only when her register number

did not find a place in the short list. Delay and lack of

vigilance is a matter going to the root of the issue since

belated complaints will affect the legitimate interest of

thousands of candidates. The respondent-Commission can

think of redoing things already done, if at all there is

substance in the complaint, if only such grievances are

brought to its notice promptly and at the earliest point of

time. Therefore, viewed from any angle, this writ petition

is liable to be dismissed. I do so.

WPC No. 13178/06 -4-

K.K. DENESAN
JUDGE
jan/-