IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 10609 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------- RAJI.K.V., W/O.RAJESH S.BABU, KOLLAPARAMBIL HOUSE, P.D.ROAD, PALLURUTHY P.O., KOCHI-6. BY ADVS. SRI.P.RADHAKRISHNAN, SRI.MADHU RADHAKRISHNAN. RESPONDENT(S): --------------------------- 1. KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY. 2. STATE OF KERALA, REPRESENTED BY DIRECTOR OF MEDICAL EDUCATION, DEPARTMENT OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R2 BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10609/2010A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GAZETTE DTD. 14/05/2008. P2: COPY OF THE STATEMENT OF MARKS OBTAINED BY THE PETITIONER IN THE FINAL YEAR EXAMINATION DTD. 29TH JULY 1999. P3: COPY OF THE ADMISSION TICKET WITH REGISTER NO.110479 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P4: COPY OF THE LETTER DTD. 2/2/2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10609/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of October, 2010 J U D G M E N T The petitioner herein is an applicant to the post of M.Sc Bio-Chemist. Notification is dated 14/05/2008. The qualification fixed for M.Sc Bio-Chemist is as follows:- “M.Sc in Bio-Chemistry or in the absence M.Sc in Chemistry with Bio-Chemistry or in the absence a) M.Sc Pure Chemistry b) M.Sc Applied Chemistry c) M.Sc Analytical Chemistry” 2. Ext.P2 produced herein shows that the petitioner has passed M.Sc (Medical) in Bio-Chemistry from the Manipal Academy of Higher Education in July, 1999. The petitioner appeared for the test conducted by the first respondent on 20/06/2009. Later, he was informed by Ext.P4 that the application has been rejected on the ground that the petitioner does not have the qualification prescribed under Ext.P1. This is under challenge in this writ petition. 3. In the additional affidavit filed by the first respondent-P.S.C, in paragraph (2) it is averred as follows:- “It is most respectfully submitted that the Commission have decided to proceed with the W.P.(C). No.10609/2010 -:2:- selection process of Bio-Chemist in Medical Education Department by provisionally including candidates who possess M.Sc Medical Bio-Chemistry & Master of Applied Science in Medical Bio- Chemistry in addition to the notified qualification provided they are otherwise eligible for the post.” 4. The learned Standing Counsel for the Commission submitted that the Commission has taken a decision in the light of the reply given by the Director of Medical Education to consider the qualification, namely, M.Sc Medical Bio-Chemistry obtained from Calicut University and Master of Applied Science in Medical Bio-Chemistry from M.G.University as equivalent qualification to that of M.Sc Bio-Chemistry. 5. The learned counsel for the petitioner further submitted that the University of Kerala has issued an Eligibility Certificate as far as M.Sc Medical Bio- Chemistry of Manipal Academy of Higher Education is concerned. Therefore, the Commission will take a final decision in the matter in tune with the decision to accept the respective degrees from the Calicut as well as from the M.G Universities. The petitioner will also produce the Eligibility Certificate issued from the Kerala University W.P.(C). No.10609/2010 -:3:- before the P.S.C. Appropriate decision will be taken within one month from the date of production of the Eligibility Certificate by the petitioner. If any interview and any test is being held in the meanwhile, the petitioner will be allowed to participate in the same provisionally, subject to the final decision to be taken by the Commission. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms