IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 16255 of 2008(I) -------------------------- PETITIONERS: ---------------------- 1. SURESH KUMAR.M., PUTHUVELIKALAM, VERKOLI (P.O), POLPULLY, PALAKKAD. 2. ISSUDHEEN.A., SHABNAM, VANOOR ROAD, ALATHUR, PALAKKAD. 3. SASEENDRAN.N., ANTHAZHI (SANTHIDHAN), CHERIYAMANGALAM (P.O), PALAKKAD 678 703. 4. KRISHNAKUMAR.K., PADINJARE HOUSE, THEKKETHARA, PADOOR(P.O)., PALAKKAD - 678 548. 5. SUHAIR.S., AL AMEEN, T.B.ROAD, ALATHUR (P.O), PALAKKAD - 678 541. 6. RAMESH.M., S/O.MURUKAN.C., KUNNATH HOUSE, ELAVAMPADAM (P.O), PALAKKAD - 678 711. 7. SATHEESH KUMAR.M., KARAMPADAM HOUSE, MUDAPPALLUR (P.O), PALAKKAD 678 705. 8. MANOJ.A., ARANGATTUPARAMBU HOUSE, ALATHUR (P.O), PALAKKAD 678 541. 9. APPUKUTTAN.C., CHALUMPULLY, THADAKKAD, VAVULIAPURAM, PALAKKAD - 678 543. WP(C).No. 16255 of 2008 :: 2 :: 10. NAZEER.A., KOKKERNY HOUSE, ERIMAYOOR (P.O), PALAKKAD DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.N.NARAYANAN NAIR SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. RESPONDENTS: -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R1 BY ADV.SRI.ALEXANDER THOMAS - SC PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16255 of 2008 I ------------------------- Dated this the 17th day of June, 2008. JUDGMENT The petitioners are applicants for the post of Third Grade Overseer/Tracer in the department of Public Works and Irrigation. The qualifications prescribed are as follows: (i) Pass in SSLC examination or its equivalent qualification and (ii) Must possess any one of the qualifications mentioned below: (a) Lower Grade Drawing Group Certificate KGTE or equivalent. (b) Second Grade Certificate secured by Draftsmen (Civil) Trainees under T.T. Scheme, College of Engineering or under Industria; Training Centre conducted by the Ministry of Labour, Government of India, after a course of 18 months. (c) Building Drawing and Estimating (Higher or Lower) KGTE or equivalent and any two of the other Civil Engineering Subjects under KGTE or equivalent. W.P.(C).NO.16255/08 :: 2 :: (d) Diploma in Civil Engineering (2 years course) of the Women's Polytechnics of the State. (e) Diploma in Agricultural and Rural Engineering given by the Rural Institute, Thavanur. (f) Vocational Higher Secondary course Certificate in Draftsmanship and Quantity Surveying. (g) Vocational Higher Secondary Course Certificate in Building Technology.” 2. The petitioners are certificate holders in ITC (Civil) and therefore, they are duly qualified. But the petitioners are aggrieved that when the list was published, it contained the names of number of persons, who are having engineering degree and who do not possess the qualification as mentioned in the notification. The petitioners have, therefore, approached this court for directing the respondents to exclude the persons having higher qualifications than that are prescribed in Ext.P1 notification. 3. I heard learned counsel for the petitioner Sri.Nagaraj Narayanan and standing counsel for the Public Service Commission Sri.Alexander Thomas. W.P.(C).NO.16255/08 :: 3 :: 4. In my view, the issue is covered against the petitioners by the judgment of the Supreme Court reported in Jyothi K.K. v. Kerala Public Service Commission {JT 2002 (Suppl.1) SC 85}. Learned counsel for the petitioners refers to the judgment of a Division Bench of this court reported in Partha Radha & ors. v. State of Kerala {2000(3) ILR Kerala 53}. No doubt, the proposition laid down therein supports the case of the petitioners. But I have to take note of the fact that the decision of the Supreme Court in Jyothi's case is subsequent to the decision of the Division Bench in Partha Radha's case. This court is bound by the law laid down in Jyothi's case. Therefore, I do not find any merit in the writ petition. Accordingly, the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge