IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5381 of 2009(P) ----------------------------------- PETITIONER(S): ----------------------- REKHA.K.J., AGED 32, W/O.T.V.JAGADEESHAN THAYVALAPPIL HOUSE, POOVATHUR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. MR.RAJIT MR.RANJIT BABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, HEAD OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 3. KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOZHIKODE, REPRESENTED BY THE SECRETARY. 4. JOINT CONTROLLER OF TECHNICAL EXAMINATION, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.A.J.VARGHESE BY AD. MR.ALEXANDER THOMAS, SC , KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.5381 OF 2009 ====================================== Dated this the 18th day of February 2009 JUDGMENT The petitioner was an applicant for appointment to the post of Vocational Instructor - Accountancy and Auditing, a post borne in the Kerala Vocational Higher Secondary Education Subordinate Service. She possesses besides B.Sc Degree in Botany, Diploma in Shorthand and Typewriting (2 year course) awarded by the Board of Technical Examinations, Government of Kerala. By Ext.P3 letter dated 12.11.2008, the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, rejected the petitioner's application on the ground that she does not possess the qualification prescribed for the post of Vocational Instructor - Accountancy and Auditing. Hence this Writ Petition. 2. The qualifications prescribed for the post of Vocational Instructor - Accountancy and Auditing in the Special Rules for the Kerala Vocational Higher Secondary Education Subordinate Service are as follows:- W.P.(C)No.5381 of 2009 2 Accountancy and Auditing By promotion By transfer and by direct recruitment A Degree from any of the Universities in Kerala or equivalent and 3 year Diploma in Commercial Practice from the Board of Technical Examinations, Kerala or an equivalent qualification; OR B.Com. or B.Sc. Degree with Co-operation and Banking of the Agricultural University, Kerala or equivalent; OR A pass in Vocational Higher Secondary Course in any Commerce Group conducted by Government of Kerala or its equivalent with Degree in any of the subject awarded by any of the Universities in Kerala or an equivalent qualification. 3. The petitioner does not admittedly possess a 3 year Diploma in Commercial Practice from the Board of Technical Examinations, Kerala or any qualification equivalent to the 3 year Diploma in Commercial Practice. She also does not possess the first set of alternate qualifications. The petitioner contends relying on the third alternate set of qualifications that as the Government have in Ext.P5 Government order dated 21.2.1987 recognized the Final Diploma Examination in Shorthand and Typewriting conducted in W.P.(C)No.5381 of 2009 3 Government Commercial Institutes as equivalent to KGTE (Higher Grade) in Typewriting (English) and Shorthand (English) and as the Government have in Ext.P4 order dated 14.5.2007, recognized a pass in the Vocational Higher Secondary (Office Secretaryship) course as equivalent to KGTE (Higher Grade) in Typewriting (English), she is qualified to be appointed and therefore the Commission erred in rejecting her application. 4. The petitioner has not admittedly passed the Vocational Higher Secondary Course in any Commerce Group conducted by the Government of Kerala. Her endeavour is to show that she possesses an equivalent qualification and as she is admittedly a graduate in Botany, she is qualified for the post, going by the third alternate set of qualifications prescribed for the post. By Ext.P5 order dated 21.2.1987, the Government of Kerala ordered that the Preliminary Diploma Examination in Shorthand and Typewriting conducted in Government Commercial Institutes will be treated as equivalent to KGTE (Lower) in Typewriting and Shorthand (English). The Government also ordered that the Final Diploma Examination in Shorthand and Typewriting conducted in Government Commercial Institutes will be treated as equivalent to KGTE (Higher) in Typewriting and Shorthand (English). By Ext.P4 order dated 14.5.2007, the Government also ordered that a pass W.P.(C)No.5381 of 2009 4 in the Vocational Higher Secondary (Office Secretaryship) Course will be treated as equivalent to KGTE (Higher) in Typewriting (English). 5. Going by Ext.P5, all that can be said is that the Diploma awarded to the petitioner evidenced by Ext.P1 can be treated as equivalent to KGTE (Higher) in Typewriting (English). That by itself would not equate the qualification which she possesses to a pass in the Vocational Higher Secondary course in any Commerce Group. By Ext.P4, the Government only ordered that a pass in the Vocational Higher Secondary (Office Secretaryship) Course will be equivalent to KGTE (Higher) in Typewriting (English). The post of Vocational Instructor in Accountancy and Auditing is category No.2 (34) in the Special Rules for the Kerala Vocational Higher Secondary Education Subordinate Service. The post of Vocational Instructor (Office Secretaryship) is category No.2 (33) in the said special rules. Therefore the posts are different and distinct. The post for which the petitioner had applied is Vocational Instructor in Accountancy and Auditing. Going by Ext.P4, all that the petitioner can claim is that a pass in Vocational Higher Secondary (Office Secretaryship) course is equivalent to KGTE (Higher) in Typewriting (English). Even if the converse is also true, though it is not necessary to finally pronounce upon that aspect in this Writ W.P.(C)No.5381 of 2009 5 Petition, it would at best only make the petitioner eligible to apply for the post of Vocational Instructor in Office Secretaryship and not in Accountancy and Auditing. Therefore, the stand taken by the Commission in Ext.P5 cannot be said to be arbitrary or illegal. For the reasons stated above, I hold that there is no merit in this Writ Petition. The Writ Petition fails and is accordingly dismissed. No costs. P.N.RAVINDRAN, JUDGE css/