IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 1097 of 2011(J) ------------------------- PETITIONER: ------------- RAJAGOPALAN.P.M., AGED 38 YEARS, S/O.GOPALAKRISHNA MENON, PADINJARE MALAKKAL HOUSE, WEST HILL P.O., KOZHIKODE-673 005. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): ----------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM – 695 001 2. THE CONTROLLER OF EXAMINATIONS, KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM-PIN 695 001. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE, PIN – 673 001. 4. THE DIRECTOR, DIRECTORATE OF TECHINICAL EDUCATION, PADMA VILASAM ROAD, FORT P.O., THIRUVANANTHAPURAM-695 023. BY SHRI P.C.SASIDHARAN (SC FOR PSC) FOR R1 TO R3 GOVERNMENT PLEADER FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2011, ALONG WITH WPC NO.1674/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.1097/11 PETITIONER'S EXTS: EXT.P1: COPY OF TRADE CERTIFICATE EXT.P2: COPY OF COMMUNICATION DT.19.8.08 EXTS.P3 & P4: COPY OF ADMISSION TICKETS. EXT.P5: COPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT. EXT:P6: COPY OF COMMUNICATION DT.6.10.10. EXT.P7: COPY OF LETTER DT.18.11.10. EXT.P8: COPY OF CERTIFICATE OF EXPERIENCE DT.3.5.10. EXT.P9: COPY OF GAZETTE NOTIFICATION DT.30.5.07 DOWN LOADED FROM THE INTERNET SITE OF KPSC. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)Nos.1097 & 1674 of 2011 -------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2011 JUDGMENT The petitioners are applicants for the post of Trade Instructor Grade II(Chemical Engineering). The qualification prescribed for the post is THSLC in Chemical Engineering. 2. According to the petitioner in W.P.(C)No.1097/11 ,he has passed the examination in the year 1988, including the prescribed trade test in the trade of Soaps, Candles and Detergents, which was the optional trade for specialisation. The petitioner received admission ticket for the examination held on 29.1.2009. The averments show that the petitioner was directed to produce the original documents for verification by communication, Exhibit P6. Finally, he received a communication as per Exhibit P7 stating that the application stands rejected for want of qualification. It is the case of the petitioner that the qualification acquired by the petitioner is sufficient. 3. In W.P.(C)No.1674/2011, the situation is identical. The petitioner belongs to Velan Community. The petitioner was W.P.(C)Nos.1097 & 1674 of 2011 -2- also intimated by Exhibit P5 that the petitioner lacks qualification. The petitioner acquired THSLC in the year 1989. 4. The affidavit filed in the Writ Petition subsequently, shows that the interviews were conducted in the meanwhile. The petitioner has produced along with I.A.No.15975/11 in W.P.(C) No.1674/11, Exhibit P6, the communication from the Office of the Director of Technical Education, Trivandrum to the petitioner stating that THSLC in Soap, Candle and Detergent making is equivalent qualification for the post of Trade Instructor in Chemical Engineering. It is therefore submitted that the qualification possessed by the petitioners in both the Writ Petitions are equivalent to the qualification prescribed for the post. 5. The learned Standing Counsel for the Public Service Commission submitted that the Commission will take appropriate decision in the matter and communicate the same to the petitioners expeditiously. 6. If the decision is in favour of the petitioners, the petitioners will be invited for the interview and the rejection of the applications as per Exhibit P7 and P5 will be treated as W.P.(C)Nos.1097 & 1674 of 2011 -3- provisional and will be subject to the final decision to be taken by the Public Service Commission. The respective petitioners will produce the copy of Exhibit P6 produced in W.P.(C)No.1674 produced along with I.A.No.15975/11 before the Public Service Commission within two weeks. The Writ Petitions are accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn