IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4516 of 2009(K) ------------------------- PETITIONER(S): --------------- RAJESH.B, AGED 26 YEARS, S/O. K.P. BALAKRISHNAN NAIR, KOCHUVILA PUTHEN VEEDU, ANAYADI PO, SOORANADU NORTH VILLAGE KOLLAM DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SMT.REXY ELIZABETH THOMAS RESPONDENT: --------------- THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY. ALEXANDER THOMAS STANDING COUNSEL FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.4516 of 2009 ---------------------------------------- Dated this the 11th day of February , 2009 JUDGMENT The petitioner applied for the post of Lecturer in Applied Arts in the college of Fine arts. The petitioner has obtained the decree of Bachelor of Fine Arts in Visual Communication Design, from the University of Madras with first class. He has also obtained the degree of Master of Fine Arts in Visual Communication Design with first class from the very same University. 2. Ext.P1 is the notification inviting applications from candidates, with the prescribed qualifications The petitioner's application was rejected for the reason that Ext.P1 prescribes that the qualification for a Bachelors degree and Master's degree in Applied Arts, but the petitioners degree is in Fine Arts in Visual Communication Design. It is the case of the petitioner that the Ext. P6 certificate issued by the Principal Government College of Fine Arts , Chennai certifying that the B.F.A. Degree Course in Visual Communication Design offered by the Government College of Fine Arts, Chennai, affiliated to the University of Madras is equivalent to the B.F.A. Degree course in Applied Arts offered by the College of Fine arts, Thiruvananthapuram. It is also certified that the certificate is issued, based on the syllabus. The petitioner also produced ExtP8 and P9 syllabus for the purpose of showing that the subjects W.P.(C) No. 4516 of 2009 -2- required in BFA (Applied Arts) and BFA (Visual Communication Design) are more or less similar. The petitioner also contended that on the basis of the above said facts he is eligible and qualified to apply for the notified post . In the circumstances the following directions are issued If the petitioner filed a representation stating the grievances within a period of 15 days before the Secretary, K.P.S.C, the Secretary shall consider and pass order after affording an opportunity of being heard to the petitioner. The order shall be passed within a period of 4 weeks from the date of filing of the representation by the petitioner. The Secretary is further directed to expedite the matter and pass order at the earliest The selection proceedings shall not be finalised before the disposal of the representation filed by the petitioner. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es. W.P.(C) No. 4516 of 2009 -3- HARUN-UL-RASHID, J. --------------------------- ---------------------------- ORDER 1st November, 2009