IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 22059 of 2008(A) ------------------------------------- PETITIONER: -------------------- SURESHKUMAR K.S., S/O. K.C.SUKUMARAN, AGED 31 YEARS, KULAKKUTTIYIL HOUSE,MANNARAKKAYAM P.O., PONKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.SUNIL. RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM, REP. BY ITS SECRETARY. 3. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. R1 & R3 BY GOVT. PLEADER SMT. RANI DIOTHIMA, R2 BY SRI.ALEXANDER THOMAS,S.C,K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.22059/2008-A: APPENDIX PETITIONERS EXHIBITS: EXT.P.1: COPY OF THE MARK LIST ALONG WITH THE DEGREE CERTIFICATE OF THE PETITIONER FOR THE BSC. MLT. EXT.P.2: COPY OF THE MARK LIST ALONG WITH THE DEGREE CERTIFICATE OF THE PETITIONER FOR THE MSC. MLT. EXT.P.3: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE OFFICE OF TAHSILDAR, TALUK OFFICE, KANJIRAPALLY. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION DTD. 05/10/04 PUBLISHED IN KERALA GAZETTE DTD. 12/10/04. EXT.P.5: COPY OF THE LETTER DTD. 28/06/2008 ISSUED TO THE PETITIONER BY THE R.2. EXT.P.6: COPY OF THE ORDER NO. GO(MS).NO.123/07/G. EDN. DTD. 23/06/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE. prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22059/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of December, 2010 J U D G M E N T The petitioner herein was an applicant to the post of Vocational Teachers in Medical Laboratory Technician in the Department of Vocational Higher Secondary School Education. The qualification of the petitioner is Post Graduation in Medical Laboratory Technology wherein he had secured 61.17% for M.Sc.(Medical Laboratory Technology) and 54.98% for Degree of Bachelor Science in M.L.T. The petitioner is a Scheduled Caste. 2. The notification herein is dated 05/10/2004. Going by the notification, at Degree level the candidate should have obtained 60% marks. According to the petitioner, he is having 61.17% marks in M.Sc.(MLT) and, accordingly, he applied for the post. He passed in the written examination and was included in the ranked list also. Subsequent to the verification of his certificates, his application was rejected as he was not having 60% marks in B.Sc (MLT). The petitioner claims inclusion in the interview on the basis of P.G qualification. But, as on the last date for receipt of W.P.(C). No.22059/2008 -:2:- the application, i.e. 24/11/2004, the petitioner has not acquired P.G qualification. Ext.P2 P.G certificate is dated 07/07/2006. Admittedly, the acquisition of the P.G qualification is on a later date. The amendment of the qualification with regard to the marks of Degree examination brought out by Ext.P6 is also on a later date, namely, 23/06/2007. Therefore, that also will not help the petitioner. In that view of the matter, the writ petition fails and the same is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms