GIRISH K Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is an applicant to the post of Assistant surgeon in the Keral a State Health Service. THE public Service Commission conducted a written test and a short rank list was published as per Ext. P1. THE petitioner's name figured in that list. Exhibit p1 made it clear that anyone seeking re-checking of answer script shall apply within 30 days of the publication of Ext. P1. According to the petitioner, the petitioner had fared well in the written test. His name figured in the short list Ext. P1. THErefore, there was no reason for him to seek re-checking of the answer sheets. But, when the final list was published, his ranking was as No. 1720. He applied in Ext. P2 for re-checking of answer paper. That was rejected as per Ext. P3 on the ground that it was belated being beyond 30 days from the date of Ext. P1 short list. THE petitioner has approached this Court challenging Ext. P3 as well as provision regarding time limit of 30 days contained in Ext. P1. It is contended by the petitioner that short rank list ext. P1 contained the numbers of the successful candidates. It was not in the order of merit or ranking. It was in I the order of serial number of the registered numbers for the written test. In such circumstances, one will not be in a position to decide as to whether he should seek re-checking or not because, he can expect to be in top of the list based on his assessment of performance. It was only when the final list was published petitioner could understand that there had been something wrong in the calculation of marks so far as his answer script is concerned. It was at that point of time the petitioner was aggrieved to seek re-checking of the answer sheets. In such circumstances, fixation and period of limitation with reference to the publication of the short list which was not in the order of merit of the candidates included therein, is totally arbitrary, the petitioner contends. I t is contended by the Public Service Commission that similar question arose in O. P. No. 22502/99 and this Court dismissed that original petition. THErefore there is nothing illegal in Ext. P2, the commission contends. In the said judgment, this Court held, "the prayer in the Original petition is for a direction to respondents 2 and 3 to produce the necessary papers of the petitioner at the written examination and to conduct revaluation/rechecking or retabulatin g the petitioner's answer papers. In the counter-affidavit filed on behalf of the 2nd respondent it has been stated that a short list was published on 1-3-1999. It was clearly stated in the short list that applications for rechecking should reach the office of the P. S. C. within 30 days from the day on which the short list was officially released by the P. S. C. and that the applications for rechecking received alter the prescribed time limit would not be considered. THE petitioner filed applications in this case only on 1-9-1999 and 6-9-1999. THErefore, the above applications would not be entertained and it was informed by Ext. R2 (a) that the petitioner's applications could be entertained since it was received beyond the period. Under these circumstances. I do not find any justification to allow the prayer in the Original petition. THE Original petition is therefore dismissed. &quot ; This judgment had been upheld in W. A. 2727/99. A reading of the said judgment shows that the contention with regard to the arbitrariness in fixing 30 days time reckoning from the date of publication of short list has never been raised in that Original petition. Moreover, it is an admitted case before me that short lists are not published showing the rank of candidates in the order of merit. In such circumstances, one will not be able, at that point of time, to decide whether he would be ranked top or below in the final list. It was, therefore, unworthy, for an incumbent to think for rechecking. Such an occasion will arise when a list is published showing ranking based on merit. Accordingly, I am of the view that fixation of time limit of 30 days for rechecking of answer scrips from the date of publication of short list which is not based on ranking in the order of merit of the candidates, is arbitrary. Consequently, Ext. P3 is quashed. THEre shall be a direction to the P. S. C. to consider Ext. P2 application for rechecking afresh and to communicate the result of such consideration to the petitioner at any rate within six weeks from the date of receipt of a copy of this judgment. If the rechecking results in the variation of the petitioner's ranking in the final list, necessarily, that shall be given effect to. O. P. is disposed of as above. No costs. Order accordingly. . .