IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929 WP(C).No. 28450 of 2005(J) -------------------------- PETITIONER: SIMITHA C.M., KOOTHATTU HOUSE, CHIRANGARA, KORATTI EAST P.O., THRISSUR-680 308. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR-680 003. 3. DIRECTOR OF SURVEY AND LAND RECORDS, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 033. 4. DIRECTOR OF EMPLOYMENT, THYCAUD, THIRUVANANTHAPURAM-695 014. 5. DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, THISSUR-680 003. 6. THE DIVISIONAL EMPLOYMENT OFFICER, THRISSUR-680 003. 7. EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, IRINJALAKUDA, THRISSUR-680 121. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28450 of 2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE DATED 22.1.2003 ISSUED BY THE MEDICAL BOARD, MEDICAL COLLEGE HOSPITAL, THRISSUR. EXHIBIT-P2: TRUE COPY OF THE CERTIFICATE DATED 8.4.1996 (REG. NO.15783) ISSUED BY THE STATE BOARD OF TECHNICAL EDUCATION EXHIBIT-P3: TRUE COPY OF THE REQUISITION DT. 3.7.03 OF THE 2ND RESPONDENT EXHIBIT-P4: TRUE COPY OF LETTER NO.A4-20407/04 DT.24.12.2004 OF THE 2ND RESPONDENT EXHIBIT-P5: TRUE COPY OF LETTER NO. N (1) 1290/05 DATED 12.5.2005 OF THE 7TH RESPONDENT EXHIBIT-P6: TRUE COPY OF EXTRACT OF THE ADVICE LIST FROM WHICH APPOINTMENT TO THE POST OF DRAFTSMAN GR.II MADE IN THRISSUR DISTRICT EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DT.19.5.2005 ADDRESSED TO THE 2ND RESPONDENT EXHIBIT-P8: TRUE COPY OF THE CERTIFICATE NO.24/05 DATED 2.3.2006 RESPONDENTS EXHIBITS: EXHIBIT R7 (a): TRUE COPY OF THE REGISTRATION INDEX CARD EXHIBIT R7 (b): TRUE COPY OF THE LETTER NO.A4/287/97 DT.15.10.99 EXHIBIT 7 ( c): TRUE COPY OF THE GOVERNMENT ORDER /TRUE COPY/ K.BALAKRISHNAN NAIR,J. ------------------------- W.P ( C) No. 28450 of 2005 -------------------------- Dated this the 9th day of July, 2007 J U D G M E N T The petitioner is a physically handicapped person. She is a Diploma holder in Civil Engineering. She has registered with the 7th respondent - Employment Officer. When the District Collector invited applications for appointment to 10 posts of Draftsman Gr.II in the Survey and Land Records Department from the physically handicapped persons, she submitted an application. Though the petitioner was called for interview pursuant to her application, she was not considered for selection on the ground that she does not possess the prescribed qualification. The same is evident from Exhibit-P5 communication from the 7th respondent - Employment Officer. According to the said officer, the petitioner does not have any of the prescribed qualifications for the said post as per the Special Rules. She submitted Exhibit P7 representation pointing out that the P.S.C is accepting Diploma in Civil Engineering as sufficient qualification for Draftsman Gr.II in Survey and Land Records Department. Feeling aggrieved by the stand taken by the 7th respondent, this writ petition is filed. W.P ( C) No. 28450 of 2005 2 2. The 7th respondent has filed a counter affidavit supporting the impugned order. 3. I heard the Learned Government Pleader for the respondents also. The point raised by the petitioner is covered by the decision of this court dated 16.8.2006 in W.P (C ) No.33878/2004 and connected cases. Now even the P.S.C. is accepting Diploma in Civil Engineering as sufficient qualification for appointment to the post of Draftsman Gr.II, for the reason that it is a higher qualification. In cases, where the acceptance of equivalent qualification is provided for in the Special Rules, such of those higher qualifications, which pre- supposes the acquisition of the lower qualification prescribed for the post as contemplated under Rule 10 (a) (ii) of K.S.& S.S.R are also acceptable. In view of the above position, Exhibit-P5 is quashed. It is declared that the petitioner is qualified to be appointed as Draftsman Gr.II in the Survey and Land Records Department. The 7th respondent is directed to sponsor the name of the petitioner for appointment to the above post and the 2nd respondent is directed to include the name of the petitioner and others in the selection process, who are eligible in the light W.P ( C) No. 28450 of 2005 3 of the above declaration. The District Collector is directed to complete the selection process and make the appointments, in accordance with law, as expeditiously as possible. The proceedings in this regard shall be completed by Respondents 2, 6 and 7, within three months from the date of production of a copy of this judgment. (K.BALAKRISHNAN NAIR, JUDGE) ma W.P ( C) No. 28450 of 2005 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007