IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 23439 OF 2005(M) ------------------------------------ PETITIONER: -------------------- ANIL BABU B.K. PAINTER P.C.4004, A.R.CAMP, MALAPPURAM BY ADVS. SRI.M.D.SASIKUMARAN SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE, TRIVANDRUM. 4. THE ASSISTANT COMMANDANT OF POLICE, A.R.CAMP, MALAPPURAM. BY GP SRI. ANTONY MUKKATH FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN,J. ------------------------------------- W.P.(C)No. 23439 OF 2005 -------------------------------------- DATED THIS THE 4th DAY OF MARCH, 2011 J U D G M E N T The petitioner applied for the post of Photographer in the Police Department. The petitioner is working in the Department of Police as a Painter P.C. According to the petitioner, he is duly qualified for consideration for appointment as a Photographer. By Ext.P10 order, his candidature was rejected on the ground that he does not have the prescribed qualifications. The petitioner is challenging Ext.P10. 2. This writ petition came up for admission on 08-08- 2005. On 30-08-2005, the petitioner was directed to produce mark list and syllabi for the degree course in Fine Arts. The petitioner has now produced Ext.P11 syllabus for the degree of Bachelor of Fine Arts. Learned Government Pleader submits that the petitioner does not have the prescribed qualification which is a degree or a diploma in Fine Arts with photography as one of the subjects of study. W.P.(C)No.23439/2005 -2- According to the learned Government Pleader, neither a degree certificate of the petitioner nor the mark list obtained by him shows that the petitioner has studied photography as a subject for the degree in Fine Arts. 3. I have considered rival contentions. 4. Exhibit P2 is the Government order, by which, the qualification and method of appointment were prescribed for the post. The qualifications for appointment read as follows: "4. Qualification for appointment.- No person shall be eligible for direct recruitment to the post unless he possesses the following qualifications:- (a) Degree or Diploma in Fine Arts with Photography as one of the subject of study. (b) Proficiency in Photography to be proved at a practical test. Going by the same, the person aspiring for appointment as a Photographer should have the qualification of degree/diploma in Fine Arts with Photography as one of the subjects of study. Exhibit P1 is the Petitioner's degree certificate. It does not state as to what were the subjects of study for the degree. The W.P.(C)No.23439/2005 -3- petitioner has not chosen to produce the mark list despite specific direction by order dated 30-08-2005, but the Government Pleader has made available to me copies of mark lists for various years of the petitioner's Fine Arts degree examinations. In the mark list, subject of Photography is not mentioned at all. The contention of the petitioner is that in Ext.P8 certificate the Government of Karnataka has certified that the petitioner has studied Developing and Printing activity of Photography and Photo Journalism as part of the subject, 'Design 2D' for the purpose of internal assessment. The petitioner further points out that in Ext.P11 syllabus for the subject 'Design 2D' photography, Introduction to photo journalism, camera technique, a simple camera, elements of picture, photograms, portrieture in natural light, practical assessments were included as subjectd and therefore, the petitioner has studied photography as a subject. I am of the opinion that when we speak about photography as a subject, the petitioner should have undergone examination W.P.(C)No.23439/2005 -4- and that subject separately and not as part of another subject. Going by the mark list of the petitioner, the petitioner has not undergone study in photography as a subject for his degree examination. Therefore, I am not satisfied that the petitioner has the prescribed qualifications for appointment as a Photographer. In the above circumstances there is no merit in the writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN, JUDGE AMG //TRUE COPY// P.A. TO JUDGE