IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 29727 of 2005(L) -------------------------------------- PETITIONER(S): ---------------------- 1. BIJITH. M.T., AGED 28, S/O.BHASKARAN. N, 36/882, "DHANYA", P.O. VENGERI, KOZHIKODE. 2. JITHESH. N.V., CHALITHODY HOUSE, NALLALOM, KOZHIKODE. 3. PRASAD. P., KOYAPPURATH THEKKE VEEDU, POKKUNNU POST, KOZHIKODE-13. 4. VINOD. K.P., VINOD NIVAS, CHERUKODE P.O., VALLAPPUZHA, PALAKKAD DISTRICT. 5. ABHILASH. K., KOMBATH HOUSE, VELLIAMPURAM, THEYYALINGAL P.O., MALAPPURAM. 6. SHAIJIN. S.R., KONUR, THEYYALINGAL P.O., MALAPPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (SPECIAL CELL) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, OFFICE OF THE VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.CYRIAC KURIAN. R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29727 of 2005(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE AVAILABLE CERTIFICATE AND MARK LIST OF THE PETITIONERS. EXT.P2 COPY OF THE ONE OF SUCH NOTIFICATIONS DATED 16/08/1998. EXT.P3 COPY OF THE KERALA VOCATIONAL HIGHER SECONDARY EDUCATION SUBORDINATE SERVICE RULES 2004. EXT.P4 COPY OF THE GAZETTE NOTIFICATION DATED 26/04/2005. EXT.P5 COPY OF THE REPRESENTATION DATED 22/06/2004. EXT.P6 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.29727 of 2005 ---------------------------------------- Dated this the 3rd day of December 2011 J U D G M E N T The above writ petition is filed inter alia challenging Ext.P3 Special Rules for the Kerala Vocational Higher Secondary Education Subordinate Service and consequently Ext.P4 notification. According to the petitioners, they are Polytechnic Diploma holders in Computer Engineering and they should also be permitted to be considered for the post of Vocational Instructor in Vocational Higher Secondary Schools by amending the Special Rules Ext.P3. 2. Ext.P3 is issued by the Government prescribing the method of appointment and qualifications for the post of Vocational Instructor in Vocational Higher Secondary Schools. This is a policy matter of the Government which cannot be interfered by this Court. It is not open for this Court to interfere with such eligibility criteria fixed for a particular post. 3. Kerala Public Service Commission had already issued notification Ext.P4 inviting application for the post as per special Rules Ext.P3. Therefore, the larger reliefs sought for by the W.P.C.No.29727/05 2 petitioners cannot be considered. However, the petitioner requests this Court to direct the Government to consider Ext.P5 representation which they have made to consider whether Polytechnic Diploma holders in Computer Engineering can also be considered while preparing eligibility criteria under the Special Rules. 4. As matter stands Ext.P3 cannot be amended. However it is open for the Government to consider whether Polytechnic Diploma holders can also be included as a qualification for the post. 5. Therefore, while dismissing the main reliefs prayed for in the writ petition, I direct the 1st respondent to consider Ext.P5 and pass appropriate orders in the matter as early as possible. (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.29727/05 3 W.P.C.No.29727/05 4 W.P.C.No.29727/05 5 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011