Kerala High Court
Ambika P P vs Kerala State Public Service Commission on 15 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:85397
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 15TH DAY OF NOVEMBER 2024/24TH KARTHIKA, 1946
WP(C) NO. 39281 OF 2024
PETITIONER:
AMBIKA P P,
AGED 28 YEARS,
D/O PRABHAKARAN,
RESIDING AT 'CHANDRAPRABHA', THAZHECHOVVA,
KANNUR, PIN - 670 018.
BY ADVS.
ABDUL RAOOF PALLIPATH
E.MOHAMMED SHAFI
PRAJIT RATNAKARAN
KRISHNAPRIYA R.
SITHARA RAHEEM V.K.
RESPONDENTS:
1 KERALA STATE PUBLIC SERVICE COMMISSION,
THULASI HILLS, PATTOM PALACE P.O,
THIRUVANATHAPURAM REP, BY ITS SECRETARY,
PIN - 695 004.
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COOPERATION SECRETARIAT,
THIRUVANATHAPURAM,
PIN - 695 001.
W.P.(C).No.39281 of 2024
2024:KER:85397
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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.39281 of 2024
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JUDGMENT
(Dated this the 15th day of November, 2024)
The petitioner participated in the selection to the
post of Junior Inspector of Co-operative Societies (Co-
operation) under the Department of Co-operation,
Government of Kerala conducted by the Public Service
Commission. The grievance of the petitioner is regarding
the anomalies in the examination answer key published
by the Kerala Public Service Commission ('Commission'
for short). Accordingly, this writ petition is filed for the
following reliefs:
a. Issue a writ of mandamus or any other writ
or order directing the respondents No. 1 to
correct the answer key by considering
Ext.P4 complaint filed by the petitioner and
published the same forthwith or within
such time this Hon'ble court may deem fit
to grant.
b. Issue a writ of mandamus or any other writ
and 2 not to publish the final rank list of
2024:KER:85397
the exam to the post of Junior Inspector of
Co-operative Societies (Co-operation)
before answer keys are corrected as per
the Exhibit P4.
c. Grant such other order that this Hon'ble
court may deem fit and proper in the facts
and circumstances of this case.
2. Section 15 of the Administrative Tribunals Act,
1985 provides that the State Administrative Tribunal
shall exercise all the jurisdiction, powers and authority
exercisable by all Courts except the Supreme Court in
relation to recruitment, and matters concerning
recruitment, to any civil service of the State or to any
civil post under the State and other matters set out
therein. The petitioner has participated in the
recruitment process initiated by the Commission and the
issue raised before this Court relates to recruitment, and
matters concerning recruitment to civil post under the
State, and the jurisdiction of this Court as a Court of first
instance is ousted.
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Accordingly, without prejudice to the right of the
petitioner to approach the Kerala Administrative
Tribunal, this writ petition is dismissed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
ADS
2024:KER:85397
APPENDIX OF WP(C) 39281/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE QUESTION PAPER FOR
TEST CONDUCTED BY THE 1ST RESPONDENT
ON 05.09.2024.
EXHIBIT P2 A TRUE COPY OF THE CORRECTION
SUGGESTED AND THE CORRECTIONS MADE AS
APPEARED IN THE WEBSITE OF THE 1ST
RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE EMAIL DATED
08.10.2024.
EXHIBIT P4 A TRUE COPY OF THE COMPLAINT ATTACHED
TO THE EMAIL DATED 08.10.2024.
