IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31640 of 2010(D)
1. SANTHOSH .S, SANTHOSH BHAVAN
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION
... Respondent
2. THE DISTRICT OFFICER
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :01/11/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.31640 of 2010
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Dated this the 1st day of November, 2010
J U D G M E N T
The petitioner’s application for the post of Live Stock
Inspector Grade II has been rejected by the Public Service
Commission on the ground that, he has wrongly bubbled his
register number in the OMR answer sheet. The petitioner
submits that, it has no consequence insofar as the
petitioner’s register number has already been filled up in
the answer sheet itself manually and therefore there cannot
be any difficulty in identifying the register number of the
petitioner. The petitioner therefore seeks the following
reliefs:
i) To issue a writ of certiorari quashing Ext.P2 to the extent
to which it says that the candidature of the petitioner is
invalidated on the ground that it is wrongly bubbled;
ii) To issue a writ of mandamus directing the respondents to
accept the candidature of the petitioner also and to
include the petitioner also in Ext.P2 short list and also in
the ranked list to be published for the post of Livestock
Inspector Gr.II notified as category No.135/2008 by
Kerala Public service Commission;
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iii) To issue a writ of mandamus directing the respondents to
advice the petitioner also to the post of Livestock
Inspector Gr.II notified as category No.135/2008, on the
basis of his position in the ranked list;
2. When it was pointed out to the learned counsel for
the petitioner that, this court has in several decisions
including Division Bench decisions held that wrong
bubbling of the register number is sufficient reason to
invalidate the candidature of an applicant, the petitioner
raised a contention that, the Commission has taken a
decision to give relaxation in cases where the number of
candidates are few. Therefore I passed the following order
on 15.10.2010.
“The learned counsel for the petitioner submits that
although this Court has already held that wrong bubbling of
register number would be sufficient grounds to reject the
candidature, he learned that the Commission has taken a
decision that some relaxation can be had in cases where the
number of candidates is less.
The learned standing counsel shall get instructions on the
same.
Post after two weeks.”
3. Today the learned standing counsel for the P.S.C.,
after obtaining of instructions, submits that, no such
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decision has been taken by the Commission and they take
the stand that the petitioner’s candidature has been
invalidated correctly.
4. In view of the fact that in W.A. Nos.2752, 2748 &
2487 of 2009 three Division Benches have already held that
wrong bubbling of register number in the O.M.R. answer
sheet is sufficient reason to invalidate the candidature of an
applicant, I do not think that, the petitioner can succeed in
this writ petition. Accordingly the writ petition is dismissed.
S. SIRI JAGAN
JUDGE
shg/