IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WA.No.2107 of 2008 ------------------------ AGAINST THE JUDGMENT IN WPC.27511/2008 Dated 06/10/2008 .................... APPELLANT: PETITIONER IN WPC --------------------------------------- RENNY THOMAS K., KANJIRAKKOT HOUSE, KOCHI PALACE P.O. TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON P.JOHN RESPONDENT: RESPONDENT IN WPC ------------------------------------------- COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI - 22, REPRESENTED BY ITS REGISTRAR. ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.2107 of 2008 ------------------------------------------------ Dated this the 23rd day of October, 2008 JUDGMENT Koshy, J The appellant/petitioner applied for the post of Technical Assistant Grade-II (Computer Science) in the Department of Computer Science, Cochin University of Science and Technology. The qualifications for Technical Assistant Gr.II (Computer Science) prescribed by the University as per Ext.P6 notification are as follows:- “Bachelor's Degree in Computer Science/3 year Diploma of a Polytechnic in Computer Science or Engineering with at least 55% marks. OR i) A first class Bachelor's Degree in Science (Mathematics/Physics Main) with PGDCA from a recognized institution. A First Class Diploma (3 year) in Computer Applications from a recognized Polytechnic.” 2. Petitioner claimed that being a first class Science Graduate with P.G.D.C.A obtained W. A. No.2107 of 2008 -2- from a recognized institution, he is entitled to apply to the post. It is also stated that he has required work experience. Even though University did not call him to the written test, he filed petition before this Court as O.P.8070/01 and on the basis of interim orders he was allowed to write the written test as well as to appear before the interview Board. The writ petition was closed without going to the merits of the contentions or correctness of the notification. According to the appellant/petitioner, he was shortlisted and he was also interviewed. Since the appellant/petitioner was also interviewed University was directed to complete the selection process. University has completed the selection process by publishing Ext.P11 rank list and the petitioner was not included in the rank list as he is unqualified for the W. A. No.2107 of 2008 -3- post as per Ext.P6 notification. 3. The main contention raised by the University is that the appellant/petitioner is not having the required qualification as he is not having either Degree in Computer Science as mentioned in item No.2 of Ext.P6 notification or First Class Diploma (3 year) in Computer Applications from a recognized Polytechnic as mentioned in item No.3(ii) of Ext.P6 notification. He is only having Graduation in Science with First Class and a 1 year Post Graduate Diploma in Computer Application(P.G.D.C.A) from I.H.R.D.E. Such candidate to be qualified must possess a 3 year Diploma in Computer Applications. Appellant/petitioner is lacking that qualification. 4. Item No.2 prescribes Bachelor's Degree in Computer Science or 3 year Diploma of a W. A. No.2107 of 2008 -4- Polytechnic in Computer Science or Engineering with at least 55% marks. Appellant/petitioner is admittedly not having the above qualifications. Alternate qualification requires three conditions. First condition is he should have obtained a first class Bachelors Degree in Science (he is having the above qualification). Then the second condition is he should have obtained Post Graduate Diploma in Computer Application (P.G.D.C.A) from a recognized institution (he is also having that qualification). Then the third is, he should have obtained First Class Diploma (3 year) in Computer Applications from a recognized Polytechnic. Appellant/ Petitioner is not possessing the above qualification. Hence, as contended by the University, he is totally unqualified for the post. W. A. No.2107 of 2008 -5- 5. It is contended by the appellant/ petitioner that his one year Post Graduate Diploma in Computer Application (P.G.D.C.A) from I.H.R.D.E is higher than the Diploma awarded by the Polytechnic. But it is not stated in the notification that qualification required is P.G.D.C.A obtained from a University OR Diploma from a Polytechnic. What is required is apart from the first class Science Degree with P.G.D.C.A, there should be first class Diploma in Computer Application (3 years) from a recognized Polytechnic. He is lacking that qualification. Therefore, he is not qualified to be selected to the post of Technical Assistant Grade-II (computer science) in the Department of Computer Science, Cochin University of Science and Technology as per Ext.P6 notification. Hence, we see no ground to interfere in the impugned W. A. No.2107 of 2008 -6- judgment. 6. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-