IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 3037 of 2008(J) ------------------------- PETITIONER: --------------- HEMALATHA P.A., D/O APPU M.K., PADATHU HOUSE, PAZHOOR, CHEERAL P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1, R2 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.3037/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF COMMUNICATION BEARING NO.GR.IIA(2)/ 49268/05/GW/368-100310 DT.13.2.07 ISSUED BY THED 3RD RESPONDENT. EXT.P2: TRUE COPY OF SHORT LIST OF CANDIDATES PUBLISHED BY THE 2ND RESPONDENT IN MATHRUBHUMI THOZHILVARTHA DT.7.7.07. EXT.P3: TRUE COPY OF RANK LIST OF HSST(SOCIOLOGY)JUNIOR IN MATHRUBHUMI THOZHILVARTHA DT.12.1.08. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.3037 Of 2008 ----------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner possesses Post Graduate Degree in Sociology with first class and second rank from the Calicut University. She is having B.Ed.in Natural Science. Pursuant to the application invited for the post of Higher Secondary School Teacher, Sociology (Junior) she applied for the post and was issued the hall ticket and finally she attended the written test also. She was included in the short list, namely, supplementary list for Scheduled Caste Community; but was not considered for the interview. It is in these circumstances that she has filed this Writ Petition. 2. Evidently, the petitioner is having B.Ed. in natural Science. 3. The PSC in its counter affidavit has stated that at the time of scrutiny of the documents, it was noticed that the B.Ed.Degree of the petitioner was not in the concerned subject or faculty. The qualifications possessed by the petitioner was M.A.Sociology, B.Ed.Natural Science and SET(Sociology). Only W.P.(C)No.3037/08 -2- two vacancies were reported in the post. Since sufficient candidates who possess B.Ed. in the concerned faculty were available for selection, ranked list was prepared including 62 candidates. 4. Evidently, the qualification prescribed allows persons having B.Ed. in the concerned subject to be appointed and in the absence of the same alone, other faculties can be considered. In that view of the matter, the petitioner is not entitled to succeed in the matter. The Writ Petition is accordingly dismissed. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn