IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 27812 of 2009(V) -------------------------- PETITIONER(S): ---------------------- SANTHOSH KUMAR V., MARASSERY, XV 160/1 MAMMIYUR, GURUVAYUR P.O.,THRISSUR - 680101. BY ADVS. MR.P.SANKARANKUTTY NAIR MR.T.V.AJAYAKUMAR RESPONDENT(S): ------------------------ 1. PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, PATTOM, PALACE P.O., TRIVANDRUM-4. 2. UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR, THIRUVANANTHAPURAM. ADDL. 3. VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R2 BY MR.M.RAJAGOPALAN NAIR, STANDING COUNSEL R1 BY MR.ALEXANDER THOMAS, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Jvt W.P.(C) No.27812 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Gazette dated 12.12.2007. Ext.P2 :- Copy of the Rank Certificate dated 2.9.1992. Ext.P3 :- Copy of the Degree of Doctor of Philosophy in Forestry of Forest Research Institute, Dehra Dun dated 26.3.2002. Ext.P4 :- Copy of the cover page of Thesis year August, 1998. Ext.P5 :- Copy of the letter dated 15.3.1994. Ext.P6 :- Copy of the Hall Ticket issued by the PSC. Ext.P7 :- Copy of the letter dated 8.4.2009. Ext.P8 :- Copy of the reply and the speed post receipt evidencing the reply submitted to the 1st respondent dated 17.6.2009. Ext.P9 :- Copy of the Memo dated 1.10.2009. Ext.P10 :- Copy of the rejection memo dated 8.6.2009. Ext.P11 :- Copy of the Application submitted to the 2nd respondent for Equivalency Certificate. Ext.P12 :- Copy of the Minutes of the Meeting of the Academic Council held on 29.10.2009. Ext.P13 :- Copy of the letter dated 21.12.2009. Ext.P14 :- Copy of the relevant extract of the minutes of the academic counsel held in the month of November, 2010. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge W.P.(C) No.27812 of 2009 S. SIRI JAGAN, J ---------------------- W.P.(C.) No.27812 of 2009 --------------------------------- Dated this the 22nd day of March 2010 J U D G M E N T In this writ petition, the petitioner seeks the following reliefs :- “[i] to issue a writ of certiorari or other appropriate writ direction or order calling for the records relating to the issuance of the rejection memo issued to the petitioner dated 8.6.2009 and to quash the same ; [ii] to issue a writ of Mandamus or other appropriate writ, direction or order directing the 2nd respondent to pass orders on the application submitted by the petitioner for recognizing the Ph.D Degree in Forestry of Forest Institute, Dehradoon awarded to the petitioner is equivalent to the Ph.D.Degree in Geography of University of Kerala. [i] to issue a writ of Mandamus or other appropriate writ direction or order to direct the 1st respondent to allow the petitioner having register No.160009 to participate in the interview of Lecturer in Geography in the Kerala Education Department conducted by the 1st respondent on 7th and 8th October 2009.” W.P.(C) No.27812 of 2009 -2- The learned Standing Counsel for the University today produces before me an order dated 20.3.2010 of the University which reads as under :- “Sanction has been accorded by the Vice-Chancellor, subject to ratification by the Academic Council, to the Ph.D. Degree in Forestry awarded to Shri. Santhosh Kumar.V. by the Forest Research Institute, Dehradun (Deemed University) being recognized as equivalent to Ph.D Degree in Geography of the University of Kerala for the purpose of applying for the post of Lecturer in Geography in Collegiate Education Department through the Kerala Public Service Commission since his Masters degree as well as the Ph.D. Research topics are both in Geography. This Order is issued in exercise of powers conferred as per Section 10 (13) of Kerala University Act, 1974.” He further submits that now in terms of the said order the petitioner has to apply to the University for an eligibility certificate and if the petitioner applies for the same, the same would be issued to him. In the above circumstances, this writ petition is disposed of with the following directions :- 2. If the petitioner applies for an eligibility certificate on the basis of the order now passed by the Vice-Chancellor, the University shall issue an eligibility certificate within one week from the date of the application. The petitioner shall produce the eligibility certificate so issued before the PSC who shall W.P.(C) No.27812 of 2009 -3- process the petitioner's candidature on the basis of the said eligibility certificate. S. SIRI JAGAN, JUDGE Jvt