Nikhildev M v State of Kerala and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ## **`FRIDAY, THE 5[TH] DAY OF JANUARY 2024 / 15TH POUSHA, 1945`** ## **`WP(C) NO. 9084 OF 2023`** ## **`PETITIONER:`** ``` NIKHILDEV M,AGED 26 YEARS S/O S MANMADHAN NAIR, RESIDING AT KOSSAPPALLY ILLOM, MEENADOM P.O, KOTTAYAM, PIN – 686 516. ``` ``` BY ADVS. C.S.MANILAL S.NIDHEESH KUNJAPPEASOW RAINGE ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, HOME C DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 605 036.` - `2 THE HIGH COURT OF KERALA,REPRESENTED BY REGISTRAR,GENERAL HIGH COURT BUILDINGS, ERNAKULAM, PIN – 682 031.` - `3 THE REGISTRAR GENERAL,HIGH COURT OF KERALA, HIGH COURT BUILDINGS , ERNAKULAM, PIN – 682 031.` ``` BY ADVS. PUBLIC PROSECUTOR HARINDRANATH B G AMITH KRISHNAN H.(K/000666/2015) ``` ## **`OTHER PRESENT:`** ``` GP SRI M. RAJEEV ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 9084 OF 2023 ``` 2 ## **JUDGMENT** (Dated this the 5[th] day of January, 2024) The petitioner is a candidate for the Munsiff Magistrate Examination 2023 (Recruitment No.3/2023). The petitioner opted to file the application online as per Ext.P1. 2. As per Clause 26 of Ext.P1 notification, the last date for remittance of application fee through online mode and downloading of challan for offline payment was 03.03.2023. Since the petitioner opted for the online mode, the petitioner applied the online mode on 28.02.2023. But, the petitioner received Ext. P5 E-mail stating that payment failed. Immediately, the petitioner filed Ext.P6 representation before the Registrar-General, High Court of Kerala - 3[rd] respondent to permit the petitioner to make payment of a fee of Rs.1,250/through offline mode, since the period for downloading the challan for offline mode has ended ``` WP(C) NO. 9084 OF 2023 ``` 3 on 03.03.2023. The request was on 05.03.2023. The said request was rejected by Ext.P7 letter dated 14.03.2023 stating that, the challan for payment through offline mode also must be downloaded on or before 03.03.2023 and since this was not done, the fee cannot be remitted through offline mode after 03.03.2023. Thereafter, the petitioner approached this Court by filing this writ petition for the following reliefs:- - “I. Issue a writ of certiorari or any other appropriate writ, order, or direction calling for the records leading to communication Exhibit P7 and quash the same as illegal. - II. Issue a writ of mandamus or any other writ, order or direction directing the respondent No.1 and 2 permit the petitioner to remit the fee for Munsiff- Magistrate Examination 2023 offline before 17.03.2023. - III. Declare that in the light of Exhibit P3, communication of the 2[nd] respondent, the said respondent cannot reject the petitioner’s request for remittance of the fee and also the failure to communicate the ``` WP(C) NO. 9084 OF 2023 ``` 4 rejection order prior to 03.03.2023 illegal and thereby Exhibit P5 is arbitrary and liable to be set aside. - IV. Issue a writ of mandamus or any other writ or direction, permitting the petitioner to participate in the selection process in stages in relation to the MunsiffMagistrate Examination 2023 in the interest of justice. - V. Grant such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. - VI. Dispense with the filing of translation of the vernacular documents.” 3. An interim order was passed by this Court on 16.03.2023, directing the 3[rd] respondent to enable the petitioner to download the fee payment challan or to issue a challan allowing him to physically remit the application fee mentioned in Ext.P1 on the same day itself. Thereafter, the petitioner paid the fee offline, participated in the examination, became successful, and was included ``` WP(C) NO. 9084 OF 2023 ``` 5 as ranked number 26 in the final list. 4. A counter affidavit is filed on behalf of the 2nd and 3rd respondents in which it is stated that a notification Ext.P1 was issued on 19.01.2023 for the appointment of Munsiff Magistrate in the Kerala Judicial Service against NCA and regular vacancies. The online application process had two parts, Step-I and Step-II. Step-I deals with the registration of applicants and the entering of basic information about the applicants. Step II involved uploading scanned photographs, signatures, detailed information about the applicant, and payment. Since the petitioner opted for online mode and the payment failed, the application could not be considered as filed under online mode. For offline mode, the petitioner should also download the challan for remitting the payment by 03.03.2023. Since the challan was not downloaded, the petitioner is not entitled to pay fees through ``` WP(C) NO. 9084 OF 2023 ``` 6 offline mode. Therefore, prayed for dismissal of the writ petition. 5. It is a fact that the petitioner applied for online mode and submitted an application on 28.02.2023 itself. But due to some technical error, the payment was not successful. By the time the E- mail from the 3[rd] respondent stating that the payment failed was received, the time for downloading the challan for making payment also expired. This Court has allowed the petitioner to remit the payment through offline mode as per order dated 16.03.2023, and after the remittance of payment, the petitioner participated in the examination and became successful and is assigned rank number 26, and the total number of vacancies is 56. Therefore, the petitioner is selected for training. 6. In view of the fact that this Court has permitted the petitioner to remit the fees through ``` WP(C) NO. 9084 OF 2023 ``` 7 offline mode and the petitioner became successful in the examination, the technical error by which the payment could not be done is a curable defect that can be cured by orders of this Court. 7. The learned counsel for the petitioner relies on the Judgment of the Division Bench of this Court in **Kerala Public Service Commission v. Roshini.K.S,** [2015 (4) KLT SN 75] and also **Union Public Service Commission v. Gyan Prakash Srivastava** reported in [2012 (1) SCC 537] for the proposition that curable defects cannot stand in the way of the recruitment process. Therefore, the petitioner is entitled to succeed, and Ext.P7 is quashed. It is declared that the application has to be treated as valid in all respects. ## **Sd/-** **BASANT BALAJI JUDGE** rpr ``` WP(C) NO. 9084 OF 2023 ``` 8 ## **`APPENDIX OF WP(C) 9084/2023`** ``` PETITIONER’S EXHIBITS ``` ``` Exhibit P1 ``` ``` THE NOTIFICATION ISSUED BY HIGH COURT OF KERALA DATED 19.01.2023 FOR KERALA JUDICIAL SERVICE EXAMINATION -2023. ``` - `Exhibit P2 THE SCREENSHOT OF THE MESSAGE IN THE MOBILE OF THE PETITIONER IN RELATION TO THE ONE TIME PASSWORD.` - `Exhibit P3 THE TRUE COPY OF THE E MAIL COMMUNICATION MADE BY 2ND RESPONDENT DATED 28.02.2023.` - `Exhibit P4 THE TRUE COPY OF THE APPLICATION DOWNLOADED BY THE PETITIONER DATED 28.02.2023.` - `Exhibit P5 THE TRUE COPY OF THE EMAIL COMMUNICATION OF THE 2ND RESPONDENT DATED 04.03.2023.` - `Exhibit P6 THE TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 05.03.2023.` - `Exhibit P7 THE TRUE COPY OF THE COMMUNICATION DATED 14.03.2023 BY THE 2ND RESPONDENT.`