High Court Kerala High Court

Dr.Allan Thomas vs Kerala Public Service Commission on 19 January, 2010

Kerala High Court
Dr.Allan Thomas vs Kerala Public Service Commission on 19 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2454 of 2008()


1. DR.ALLAN THOMAS, ASSISTANT PROFESSOR,
                      ...  Petitioner

                        Vs



1. KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

                For Petitioner  :SRI.K.P.DANDAPANI (SR.)

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :19/01/2010

 O R D E R
   K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
                   ------------------------------
                   W.A. No.2454 OF 2008
                   ------------------------------
           Dated this, the 19th day of January, 2010

                       J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The appellant is the writ petitioner. He is an Assistant

Professor working under the Kerala Agricultural University.

He appeared for the Account Test for Executive Officers Part I

and II held by the PSC. He took the examinations for both the

Parts. The examinations were held on 4th and 5th of July,

2007, at Govt. H.S.S. Kanhangad. In the examination hall, the

appellant was found using a text book, in which portions from

other publications like Guides were pasted. The Inspection

Squad found this irregularity committed by the appellant and

reported to the PSC. The PSC based on that material arrived

at a prima facie finding that the answer paper concerned

should be cancelled and he should be debarred from taking

the examination for two years. The said provisional decision

was intimated to the appellant by Ext.P3 notice dated

16.1.2008. He was called upon to submit his explanation, if

W.A. No.2454/2008 – 2 –

any, within 15 days. The petitioner submitted Ext.P4 reply to

the said notice on 25.1.2008. The said reply reads as follows:

“Received the letter on 25.1.2008 by
registered post.

I may earnestly and sincerely report
that I have not committed any malpractice in
the examination held on 04.7.2007. No parts
of the guide was pasted in the book. The book
I used was in fact a very old book that was
used by one of my relative (School
Headmaster). I had to use that very old book
since I could not get a new one from any of
the bookstall during the period.

Hence, I humbly request that no action
may kindly be taken against me that affect my
service as a teacher with integrity.”

2. The PSC found the said reply not satisfactory and

by Ext.P5 order dated 7.8.2008 cancelled the concerned

examination paper and debarred him for two years from

taking Departmental Examination held by the PSC from

January, 2008. Though, thereafter, the petitioner filed

Exts.P6 and P7 representations, there was no response from

the PSC. Ext.P8 is the admission ticket issued to the

appellant. The instructions contained in it would show that if

a candidate is found to be indulging in malpractice, he will be

W.A. No.2454/2008 – 3 –

sent out of the hall immediately. Since the appellant was not

sent out of the hall, he submitted that he did not indulge in

any irregularity or illegality. The Writ Petition was filed

challenging Ext.P5. The learned Single Judge took the view

that in Ext.P4, the appellant has not specifically denied the

allegations against him stated in Ext.P3 and therefore, the

decision of the PSC was upheld. In that view of the matter,

the Writ Petition was dismissed. Hence, this appeal.

3. The learned counsel for the appellant would

submit that he has not indulged in any malpractice in the

examination hall. The book used by him did not contain any

pages from any Guide pasted in it. If he was found to have

committed any malpractice, he would have been immediately

sent out of the hall. But, he has completed the examination.

So, the findings of the PSC in Ext.P5 is unsustainable.

Therefore, the learned Single Judge went wrong in dismissing

the Writ Petition, taking the view that he did not properly

explain his defence in Ext.P4.

W.A. No.2454/2008 – 4 –

4. The learned standing counsel for the PSC made

available to us the book stated to have been seized from the

appellant. Going by the book, it could be seen that the same

could not have been used in the examination hall and if it was

used, the same will definitely amount a malpractice and

therefore, the action was taken rightly. But, according to

the learned counsel for the appellant that the book produced

by the standing counsel does not belong to him. It must have

been seized from somebody else, it is submitted.

5. We considered the rival submissions made at the

Bar. In Ext.P3, there is specific mention about the report of

an Inspection Squad, which contains the adverse materials

against the appellant. As per the report, the appellant used

portions of a Guide by pasting them in the book. If the said

allegation was incorrect, an innocent person would have

immediately mentioned about the same in his reply, Ext.P4.

But, in Ext.P4, there is no mention about the Inspection

Squad or its report or the findings contained in that report.

He only stated no portions of any Guide was pasted in the

book. The learned Single Judge took the view that it is a

W.A. No.2454/2008 – 5 –

vague reply and he does not specifically deny the allegations

against him in Ext.P2. In that view of the matter, the Writ

Petition was dismissed.

6. We find no reason to take a different view. If the

appellant was innocent, his reply would not have been Ext.P4.

Though the learned counsel for the appellant would submit

that the book produced by the learned standing counsel for

the PSC does not belong to him, we find no reason to accept

that contention. Going by the book produced, we find it is

accompanied by the official proceedings of the PSC which

would indicate that it was seized from the appellant. There is

no reason for the PSC to cook up any material and falsely

implicate a particular candidate, who took the test.

In view of the above position, we find no merit in the

appeal. Accordingly it is dismissed.

(K. BALAKRISHNAN NAIR, JUDGE)

(C.T.RAVIKUMAR, JUDGE)
ps