IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 1103 of 2009(F) ---------------------------------- PETITIONER(S): ------------------------ VIDYA.G.KURUP, AGED 25 YEARS, D/O.GOVINDA KURUP, SWAPNALAYAM, PERUMTHURUTHU, KALAVOOR.P.O, ALAPPUZHA. BY ADVS. MR.T.M.ABDUL LATHEEF MR.A.MUHAMMED HASHIM RESPONDENT(S): ------------------------ 1. BHARAT SANCHAR NIGAM LIMITED,REP; BY GENERAL MANAGER,TELECOM DISTRICT, ALAPPUZHA. 2. DEPUTY GENERAL MANAGER,(ADMN),OFFICE OF GENERAL MANAGER,BHARAT SANCHAR NIGAM LIMITED, TELECOM DISTRICT, ALAPPUZHA. 3. ASSISTANT GENERAL MANAGER(ADMN),OFFICE OF THE GENERAL MANAGER,BHARAT SANCHAR NIGAM LTD, TELECOM DISTRICT, ALAPPUZHA. ADV.MR.MATHEWS K.PHILIP,SC, BSNL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1103/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 13.9.01 ISSEUD BY THE JOINT CONTROLLER OF EXAMINATIONS (KERALA) TO THE PETITIONER. P2:- COPY OF THE NOTIFICATION. P3:- COPY OF THE FORMAT. P4:- COPY OF THE SCHEME AND SYLLABUS. P5:- COPY OF THE LETTER NO.B/34/93 DT. NIL OF THE PRINCIPAL MODEL POLYTECHNIC, VADAKARA. P6:- COPY OF THE JUDGMENT DT. 5.12.07 PASSED BY THIS HONOURABLE COURT IN WPC. BNO.35474/07. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE NOTIFICATION CALLING APPLICATIONS TO THE POST OF TTA BY THE RESPONDENT. R1(b):- COPY OF THE CERTIFICATE PRODUCED BY THE PETITIONER. R1(c):- COPY OF THE REJECTION LETTER DT. 1.1.09 ISSUED TO THE PETITIONER. R1(d):- COPY OF THE JUDGMENT IN WPC. NO.35614/07. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1103/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of March, 2009 J U D G M E N T Aggrieved by the rejection of the application for the post of Telecom Technical Assistant by the first respondent, the petitioner has filed this writ petition. 2. The petitioner is having the qualification of Diploma in Engineering/Technology conducted by the Department of Technical Education (Kerala) and she was awarded certificate of Diploma in Computer Hardware Maintenance. This is evidenced by Ext.P1. In the notification issued by Ext.P2, the qualification shown is Engineering Diploma of three years duration in Telecommunications/ Electronics/Electrical/Radio/Computer/Instrument Technology/Information Technology/M.Sc Electronics from a recognised institution/University. The petitioner, based on her qualification in Computer Hardware Maintenance submitted the application. The argument raised is that the qualification Computer Hardware Maintenance is equivalent to Electronics/Computer Engineering. 3. Seeking for appropriate direction to the respondents to accept her application and for a declaration that the qualification possessed by the W.P.(C) No.1103/2009 -:2:- petitioner i.e., Computer Hardware Maintenance Diploma Certificate is same as that of Computer Engineering stated in Ext.P2, this writ petition is filed. 4. The respondents have filed a detailed counter affidavit. It is submitted that going by the notification, the essential educational qualification as prescribed therein should have been possessed by the candidate. When the petitioner submitted the application she had not attached the proof to fulfill any of the eligible criteria for educational qualifications. She had only Diploma in Computer Hardware Maintenance, which is not a qualification prescribed by B.S.N.L for recruitment for the year 2008. The application was rejected by Ext.R1(c) since she was not having the required qualification. It is further pointed out that in a batch of cases, namely, W.P.(C).No.35614/2007 and connected cases, the very same issue was considered by this Court. Ext.R1(d) is the said judgment. This Court considered the contentions in the light of the notification, and the qualification possessed by the applicants. It was held therein that “ it cannot be said that a Diploma in Computer Engineering would necessarily take in or include a Diploma in Computer Hardware Maintenance. The two qualifications are different. Obviously, many of the subjects studied by the students in the two different courses could be the same. But that does not make the two qualifications synonymous or one and the same.” W.P.(C) No.1103/2009 -:3:- Accordingly, the writ petitions were dismissed. I respectfully agree with the dictum laid down in the above judgment. 5. Herein, the petitioner is having only the Diploma qualification in Computer Hardware Maintenance. It is not one of the qualifications prescribed in the notification or is not an equivalent qualification to any one of the qualifications notified. In that view of the matter, the rejection of the application is perfectly in order. Therefore, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms