IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 35977 of 2010(V) -------------------------------------- PETITIONER: ------------------- SUJAKUMARI.P.P, CHUNGATH HOUSE, NEAR CANARA BANK, WADAKKANCHERRY - 680 582, THRISSUR DISTRICT. BY ADVS. SRI.N.SUGATHAN, SMT.M.C.BINDUMOL. RESPONDENT: ---------------------- THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 001. BY SRI.P.C.SASIDHARAN, S.C, K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.35977/2010-V: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE GAZETTE NOTIFICATION. EXT.P.2: COPY OF THE M.A. SOCIOLOGY DEGREE CERTIFICATE ISSUED BY CALICUT UNIVERSITY. EXT.P.3: COPY OF THE CALL LETTER DTD. 19/11/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 35977 of 2010 --------------------------------- Dated this the 2nd day of December, 2011 JUDGMENT Petitioner is seeking to quash Ext.P3 letter issued by the respondent to the extent it insists for production of Course Certificate of M.A. (Sociology) and Equivalency Certificate of M.Phil course. Inter alia the petitioner is seeking direction to command the respondent to select her to the post of Research Officer, on the basis of Ext.P1 notification, without production of the above said certificates. 2. Through Ext.P1 notification the respondent invited application to the post of Research Officer (Anthropology) . The qualification prescribed are (1) first or second class Masters Degree with a minimum of 50% marks in Anthropology/Sociology acquired after a regular course of study (emphasis supplied) from a recognised university. (2) Ph.D or M.Phil Degree in any of the above subjects. When the petitioner applied, Ext.P3 was issued requiring her to produce proof regarding the regular course study attended by her for M.A. Course, and also requiring WPC.35977/2010 2 to produce proof regarding recognition of the qualification of M.Phil course by any of the Universities in Kerala. According to the petitioner, a private study course with respect to M.A. (Sociology) passed by the petitioner is equivalent to the course conducted by the colleges affiliated with the Universities in Kerala. Therefore she is entitled to consider for appointment to the post notified. 3. In the counter affidavit of the respondent it is specifically contended that the Special Rules prescribes qualification for appointment to the post in question, which insist a Masters Degree acquired after a regular course of study from a recognised university. Since qualification prescribed draws distinction between the regular course of study and otherwise, only the candidates who obtained their post graduate degree, after a regular course of study, alone are entitled for appointment. It is also contended that the mark list produced by the petitioner with respect to M.Phil Sociology degree revealed that she had obtained the M.Phil degree after the last date prescribed for receipt of the application as per Ext.P1 notification, WPC.35977/2010 3 i.e. after 18.3.2011. Hence the petitioner is not eligible for selection. 4. Petitioner is not in a position to refute the contentions raised by the respondent regarding the eligibility for selection. She is also not in a position to dispute the acquisition of M.Phil after the last date prescribed for submission of application. Hence I do not find any legal ground to accept the contentions of the petitioner and to issue any direction to consider her for appointment to the post of Research Officer. Hence the writ petition deserves no merit and the same is accordingly dismissed. C.K.ABDUL REHIM,JUDGE pmn/ WPC.35977/2010 4 WPC.35977/2010 5