Padmanabhan T.P. v. Kerala Public Service Commission
In the High Court of Kerala
O.P. (KAT) 4/2023
Before Justice Alexander Thomas and Justice C. Jayachandran
Decided on July 12, 2023

Relevancy of the Case: Liability of despatch under Section 13 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 13)

Relevant Facts of the Case

• The applicant applied for the post of Livestock Inspector at the Kerela Public Service Commission.
• The respondents stipulated that candidates must register their profile through the official website. Candidates would receive a confirmation for the examination through their profile. They would also receive information regarding the examination through their profiles and registered mobile phones.
• The applicant created his profile and provided his mobile phone number.
• On March 15, 2021, the applicant discovered that the examination was scheduled for May 11, 2021. When the applicant contacted the examination centre, they informed him that the period for confirmation had expired.
• The applicant approached the tribunal for relief to appear for the examination.
• The tribunal rejected his original application. As a result, he has appealed before the High Court.

Prominent Arguments by the Advocates

• The appellant’s counsel argued that he did not receive the information on his mobile phone. They contended that the commission did not despatch the information under section 13 of the Information Technology Act, 2000. Further, they claimed that it was not feasible for the petitioner to verify his profile daily.
• The respondent’s counsel submitted that the commission had sent a message on the registered phone number on February 20, 2021. Further, the appellant had not logged into his profile for a year.

Opinion of the Bench

• The commission had discharged the duty of sending the information reliably. They had no liability to ensure it was received.
• The appellant had not been vigilant regarding the profile, and thus, the court refrained from interference.

Final Decision

• The bench dismissed the petition.

Arnav Kaman, an undergraduate student at Rajiv Gandhi National University of Law, Punjab, prepared this case summary during his internship with The Cyber Blog India in January/February 2024.