IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 W.P(C).No. 32858 of 2008(J) ---------------------------------- PETITIONER: -------------- REMA DEVI.K., KOLLARIKKAL HOUSE, PUDUSSERY, PALAKKAD. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ----------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALGHAT. 3. M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR UNIVERSITY OFFICE, KOTTAYAM. ADV. SRI. T.A. SHAJI, SC FOR UNIVERISTY SRI. ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 32858 OF 2008 J = = = = = = = = = = = = = = = Dated this the 11th day of November 2008 J U D G M E N T Petitioner is an applicant for the post of H.S.A. (English) in Palakkad District. According to the petitioner, she had acquired B.Ed degree by distant education from Bharatiar University. It is stated that pursuant to the application made to the P.S.C. she was called for a written test. She succeeded in that written test and was also called for the interview. The P.S.C. has now called upon the petitioner to produce an equivalency certificate from any of the Universities in Kerala. 2. Accordingly, the petitioner submitted her application to the 3rd respondent University and the same has been rejected by Ext. P5 on the ground that the course has not been recognized. Thereupon, the petitioner submitted Ext. P6 application for recognition of the course and has also remitted the necessary fee. In this writ petition, petitioner submits that unless the University takes a decision on Ext. P6, and depending on the decision so taken, on her request for equivalency as well, she will not be in a position to obtain and produce the certificate of equivalency before the P.S.C. so that her name will be included in the rank list for eventual advice, if she is otherwise eligible for the same. W.P.(C) No.32858 OF 2008 - 2 - Standing Counsel for the University confirms the receipt of Ext. P6, but points out that the matter has to be considered by the Syndicate in the absence of the Board of Studies. It is pointed out that the process needs some time. Standing Counsel for the P.S.C. points out that the vacancies were notified in 2004 and that the proces now undertaken by the P.S.C. is the preparation of the additional ranked list following the Division Bench judgment of this Court. It is stated that if inordinate delay occurs in the production of the equivalency certificate, the whole process will get delayed and that the same should not happen. 3. I have considered the submissions made. Admittedly, as the petitioner's B.Ed degree is from Bharatiar University, the P.S.C. cannot be faulted for asking for the production of equivalency certificate. The University can also grant equivalency certificate only if the course is a recognized one. Therefore as at present what is initially required to be done is that the University will have to take a decision on Ext.P6. Unless the University decides on Ext. P6 expeditiously, and if decision is to recognise the course, the petitioner will not be able to obtain and make use of the equivalency certificate before the P.S.C. At the same time, the process by the P.S.C. also cannot be delayed resulting in prejudice to the other candidates. In these circumstances, I feel it appropriate to dispose of this writ petition with the following directions: W.P.(C) No.32858 OF 2008 - 3 - 1) That within 4 weeks from today, the University shall decide on Ext.P6 and if decision is to grant recognition, on the issue of equivalency certificate and it will be the responsibility of the petitioner to produce the equivalency certificate as directed by the P.S.C within the said period. In the meantime, the P.S.C. will be free to proceed with the finalisation of the additional ranked list and if the petitioner is eligible, her name will also be included provisionally and subject to production of certificate of equivalency within 4 weeks from today. It is clarified that in case the petitioner fails in producing the equivalency certificate within 4 weeks as directed above, the P.S.C. will be free to delete the name of the petitioner from the ranked list and proceed with the matter. ANTONY DOMINIC JUDGE jan/-