High Court Kerala High Court

Sheela Jacob vs Kerala State Electricity Board on 13 January, 2011

Kerala High Court
Sheela Jacob vs Kerala State Electricity Board on 13 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1239 of 2011(D)


1. SHEELA JACOB,MURINGASSERIL,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. CHAIRMAN,KERALA PUBLIC SERVICE

3. CONTROLLER OF EXAMINATIONS,KERALA PUBLIC

4. ADDITIONAL SECRETARY(EXAMINATIONS),

5. KERALA PUBLIC SERVICE COMMISSION,

                For Petitioner  :SRI.E.K.NANDAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/01/2011

 O R D E R
                             S.SIRI JAGAN, J.

                     ==================

                       W.P.(C).No.1239 of 2011

                     ==================

              Dated this the 13th day of January, 2011

                             J U D G M E N T

The petitioner is a candidate who appeared for the test for

promotion to the post of Assistant Engineer in the Kerala State

Electricity Board, conducted by the Public Service Commission. Her

candidature has been invalidated on the ground that she wrongly

bubbled her register number in the OMR answer sheet. The petitioner

challenges the action of the PSC in invalidating her candidature on

account of wrong bubbling of the OMR sheet. Although the petitioner is

aware of the fact that this Court has in Susheela v. Kerala Public

Service Commission [2010 (4) KLT 986] upheld the invalidation of

candidature on account of wrong bubbling of the OMR sheet, the

petitioner contends that petitioner’s case is different from other cases

for three reasons. The first is that this particular promotion test is

being conducted only once in a while. The last test was in 2005 and it

is only after a direction from this Court in a writ petition that the

present test is being conducted. The next test correspondingly likely to

be after many years and, therefore, if the candidature of the petitioner

is not accepted for this test, the petitioner will have to wait for years to

get promotion. The second contention is that immediately after

bubbling the OMR sheet, the petitioner realised the mistake and

w.p.c.1239/11 2

requested for a fresh OMR sheet, which was denied to her. According

to the petitioner, there is no stipulation anywhere that a second OMR

sheet would not be issued if the first one is wrongly filled up. This is

further clear from the fact that in the hall ticket issued to the petitioner

there was no specific stipulation that a second OMR sheet will not be

supplied, whereas such a condition is now being added in hall tickets

being issued by the PSC. Lastly, the petitioner would contend that the

invigilators of the examination themselves had permitted the petitioner

to write the test assuring the petitioner that notwithstanding the wrong

bubbling of the register number in the OMR sheet, the PSC is likely to

consider the petitioner’s candidature.

2. I have heard the learned Standing Counsel for the PSC

also.

3. Admittedly the issue involved is squarely covered by the

decision in Susheela’s case (supra). It is a Division Bench decision,

which is binding on me. I am not satisfied that the reasons pointed out

by the petitioner are sufficient to direct the PSC to consider the

petitioner’s candidature despite the said decision. The fact that

promotion test is being conducted once in a while should have been

born in mind by the petitioner while filling up the OMR sheet. In fact

the petitioner had been put to notice regarding the necessity to fill up

the OMR sheet carefully. I am of opinion that the PSC had rightly

w.p.c.1239/11 3

denied a second OMR sheet. Already the State is facing a situation

where there are many complaints about bogus appointments. If the

candidates are issued with second OMR sheet, that would also be a

handle to those who indulge in fraudulent practices. The fact that the

petitioner continued to write the examination on the advice of the

invigilators does not give any right on the petitioner in the matter of

invalidation of the candidature on account of the wrong bubbling of the

OMR sheet. Therefore, there is no merit in the writ petition and

accordingly, the same is dismissed.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE

          ///True copy///




                              P.A. to Judge