IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WA.No. 2793 of 2009(E) --------------------- AGAINST THE JUDGEMENT IN WPC.25803/2006 Dated 26/10/2009 .................... APPELLANT: PETITIONER ------------------------ INDU.N.NAIR, W/O. SAJI KUMAR, VIJAYA BHAVAN, THEKKETHUKAVALA.P.O., KOTTAYAM. (NOW WORKING AS VOCATIONAL INSTRUCTOR IN VOCATIONAL HIGHER SECONDARY EDUCATION STATE SERVICE THODUPUZHA.) BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. SRI.ALEXANDER THOMAS, SC FOR R1 GOVT. PLEADER SMT.R.BINDU FOR R2 & R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A.No.2793/2009 ------------------------------ Dated this, the 10th day of December, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. She is an L.D. Clerk, working under the Department of General Education at Thodupuzha in Idukki district. She was an applicant for appointment to the post of Non-Vocational Teacher (Physics), when the Public Service Commission (for short “P.S.C.”) invited applications for the same. She applied in the 10% quota reserved for ministerial staff in the Education Department, to be filled by appointment by transfer through the P.S.C. Since she failed to clear the test held by the P.S.C., she was not included in the rank-list. So, the Writ Petition was filed, challenging her non-selection. According to the appellant, the candidates who applied under the 10% quota were lesser than the number of vacancies. The test is conducted only for the purpose of selection. Since the number of candidates who took the test W.A.No.2793/2009 - 2 - and the number of vacancies available is more or less the same, all qualified persons should have been included in the rank-list. The holding of a written test and screening of candidates, who does not get the cut-off marks fixed by the P.S.C., are illegal, it was submitted. The said procedure has been frowned upon by the Full Bench of this Court in Ravidas v. Public Service Commission [2009(2) KLT 295]. But, the learned Single Judge noticed that holding of an eligibility test by the P.S.C is a mandatory condition for selection and appointment to the 10% quota earmarked for ministerial staff, as per Rule 4 of the Kerala Vocational Higher Secondary Education State Service Rules, 2004. Therefore, the Writ Petition was dismissed. 2. We heard the learned counsel for the appellant and also the learned standing counsel for the P.S.C. We notice that the Special Rules prescribe an eligibility test to be held by the P.S.C for the candidates applying in the 10% quota mentioned above. When the test is held and the clearance of which is made an obligatory qualification for consideration for appointment, the W.A.No.2793/2009 - 3 - P.S.C should be conceded freedom to fix the minimum marks to be obtained by a candidate. Therefore, the holding of a written test and prescribing minimum marks for clearing the same, cannot be said to be unauthorised. We notice that it is an action taken in accordance with the Special Rules. Therefore, the decision of the Full Bench mentioned above in Ravidas's case has no application to the facts of this case. So, the learned Single Judge rightly dismissed the Writ Petition. Accordingly, this appeal also fails and it is accordingly dismissed. K. Balakrishnan Nair, Judge. P. Bhavadasan, Judge. nm.