IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WA.No. 775 of 2008() -------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.33764/2006 DATED 19/09/2007 .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. SUBHA. A.B., 'DEVARAGAM', PALAPURE, VELLAYANI P.O., THIRUVANANTHAPURAM. 2. SIMLA U.K., 'REVATHY', VELLAPPALLY, NARUVAMOODU P.O., THIRUVANANTHAPURAM - 695 020. 3. SAJIMOL J., 'PRANAVAM', ANDOORKONAM P.O., POTHENCODE, THIRUVANANTHAPURAM - 695 584. 4. JISHA N.NAIR, 'GEETHAM', T.C.6/438(3), MULAMOODU LANE, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 13. 5. SOBHA I.K., 'VAISHNAVAM', T.C.6/520-1, MNRA-38, KAPPIVILA LANE, ARAPPURA, ELIPPODE ROAD, VATTIYOORKAVU P.O, THIRUVANANTHAPURAM. 6. ROSHEN SANKAR, 'SARVARAM', T.C.22/1225, SR.114, MANNAMMOOLA, PEROORKADA, THIRUVANANTHAPURM - 5. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. BENNY GERVACIS, ADV. SRI. ALEXANDER THOMAS, S.C, K.P.S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.775 of 2008 ===================== Dated this the 22nd day of May, 2008. JUDGMENT Ravindran,J. The appellants who are the petitioners in W.P.(C)No.33764 of 2006 had applied for appointment to the post of Higher Secondary School Teacher in Mathematics and Economics. The Writ Petition was filed challenging the decision taken by the Kerala Public Service Commission to reckon the marks secured by the applicants in the qualifying examination along with the marks secured in the written test and interview for selection to the post of Higher Secondary School Teacher. Relying on the decision of a Division Bench of this Court in Sajan N. Menon v. State of Kerala and others - I.L.R. 2007(3) Kerala 487, the learned Single Judge dismissed the Writ Petition. Hence, this Writ Appeal. 2. We heard Sri.Pirappancode V.S. Sudheer, the learned counsel appearing for the appellants. In our opinion, there is no merit in the contentions raised by the appellants. Though the learned counsel for the appellants attempted to distinguish the decision of the Division Bench on the ground that the syllabi for semester courses is different, we find no merit in the said contention. The Division Bench of this Court had in Sajan N. Menon v. State of Kerala and others (supra) upheld the decision taken by the Kerala Public Service Commission to reckon the marks secured by the applicants in the qualifying examination also for the purpose of selection to teaching posts. Whatever be the syllabi, the procedure adopted by the Public Service Commission cannot be faulted for the reason that the academic merit of the candidate is also taken into account. It cannot be said to be an irrelevant criteria or yardstick to assess the merit of a candidate. The mere fact that the syllabi for semester courses is different does not in any manner affect the merits of the decision taken by the Kerala Public Service Commission. The appellants have no right to insist that the marks obtained in the qualifying examination should not be taken into account in adjudging the interse merit of the applicants. We find no reason to interfere with the judgment under appeal. The Writ Appeal accordingly fails and it is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 22/5