IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 28243 of 2008(K) -------------------------- PETITIONER(S): ----------------------- SIBIN PAUL, THATTIL VALLACHIRAKARAN, MOORKANAD P.O., THRISSUR 680 711. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORS (RULES), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURA, REPRESENTED BY ITS SECRETARY. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 GOVERNMENT PLEADER SRI.ANTON YMUKATH FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28243/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION PUBLISHED IN KERALA GAZETTE DT 14.11.2005 FOR RECRUITMENT TO THE POST OF SURVEYOR GRADE II IN THE SURVEY AND LAND RECORDS DEPARTMENT. EXT.P2: TRUE COPY OF THE GO(P) NO.16/87/P&ARD DT 30.7.1987. EXT.P3: TRUE COPY OF the LETTER NO.C4/25607/08/DTE DT 10.7.08 OF THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE RELEVANT EXTRACT OF THE PROBABILITY LIST PUBLISHED AS PER NOTIFICATION P/L.NO.41/2008/ERI DT 30.5.2008 OF THE 4TH RESPONDENT. EXT.P5: TRUE COPY OF THE ORDERS ISSUED BY THE 4TH RESPODNENT ON THE PROFORMA ISSUED BY THE PSC. EXT.P6: TRUE COPY OF THE LETTER NO.RIGHT TO INFORMATION/152/2008-09 DT 29.8.2008 ADDRESSED TO THE PETITIONER BY THE STATE INFORMATION OFFICER OF THE 3RD RESPONDENT'S OFFICE. EXT.P7: TRUE COPY OF THE K.G.C.E. CERTIFICATE. EXT.P8: TRUE COPY OF THE CERTIFICATE IN SURVEY TEST LOWER OBTAINED BY THE PETITIONER. EXT.P9: TRUE COPY OF THE MEDICAL CERTIFICATE EVIDENCING HIS PHYSICAL DISABILITY. EXT.P10: TRUE COPY OF THE LETTER NO.2265/R2/P&ARD DT 16.3.2009 OF THE 1ST RESPONDENT. EXT.P11: TRUE COPY OF THE LETTER NO.C5/27408/80 DT 15.7.80 OF THE DIRECTOR OF TECHNICAL EDUCATION. EXT.P12: TRUE COPY OF THE LETTER NO.AII(4) 26000/86/GW DT 23.2.1987 OF THE P.S.C. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28243 OF 2008 (K) ===================== Dated this the 3rd day of June, 2010 J U D G M E N T PSC invited applications to the post of Surveyor Grade II in the Survey and Land Records Subordinate Service. The qualification for the post as has been prescribed in the Special Rules are pass in SSLC examination and pass in Surveying and Levelling (Higher MGTE or KGTE with Chain Survey Test). Petitioner possesses pass in SSLC and a certificate in KGCE in Civil. He applied for the post, he was called for written test and on passing the examination, he was called for certificate verification. He produced the certificates, but however, holding that the petitioner is unqualified for the post, his candidature was rejected. It was thereupon that the writ petition is filed. 2. Petitioner accepts that in terms of the Special Rules, the qualification prescribed is pass in KGTE, and that what he possesses is SSLC with KGCE in Civil Engineering. However, counsel for the petitioner relies on Exts.P2, P11 and P12. Ext.P2 is an order issued by the 1st respondent after consultation with the PSC to recognise KGCE as equivalent for posts for which KGTE has WPC No. 28243/08 :2 : been prescribed. Counsel contends that since the qualification which he possess has been recognised as an equivalent qualification, he is entitled to be treated as a candidate eligible for the post in question. 3. However, a reading of Ext.P2 shows that the Government after consultation with PSC have recognised KGCE in Engineering (in Civil, Mechanical, Electrical and Automobile) as equivalent qualification for the posts for which KGTE “in the respective groups” are prescribed. Ext.P6 information obtained by the petitioner invoking the provisions of the Right to Information Act itself show that one of the discipline of KGTE is Surveying and Levelling. Therefore, Ext.P2 only equates KGCE in Civil Engineering, Mechanical Engineering, Electrical Engineering and Automobile Engineering as equivalent to KGTE in the respective groups alone and such equation of qualification does not extend to the group “surveying and levelling”. If that be the case, evidently, petitioner does not satisfy the qualification prescribed for the post of Surveryor Grade II. If so, the PSC cannot be faulted for rejecting his application holding him as unqualified. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp