IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 15953 of 2008(Y) ------------------------------------- PETITIONER(S): ------------------------ DIVYA.P., D/O.RAMACHANDRAN.P., PURAYATH HOUSE, VITHANASSERY, NENMARA-678 508. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 2. THE REGIONAL OFFICER, KERALA STATE PUBLIC SERVICE COMMISSION, KOZHIKODE. 3. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R4 IS IMPLEADED 4. THE DIRECTOR OF DEPARTMENT OF TECHNICAL HIGHER EDUCATION, TRIVANDRUM. R4 IS IMPLEADED AS PER ORDER DT. 12.8.08 IN IA. 10379/08 ADDL.R5 TO R10 ARE IMPLEADED 5. BINDU THANKAPPAN, PUTHENPURAYIL, AZHIKAL P.O. PRAYAR, KOLLAM. 6. SAJEESH M.P., MUTHAYIL HOUSE, ANNALLUR P.O. VIA CHALAKKUDY, THRISSUR. 7. R.SANTHOSH RAJAN, R.B.NIVAS, SREEKRISHNAPURAM, MALAYINKAL P.O. THIRUVANANTHAPURAM 695 571. W.P.(C) NO.15953/2008 8. BEETHA V., VAROLI HOUSE, KURUVATTOR POST, KAKOZHI VIA KOZHIKODE 673 622. 9. P.KRISHNAKUMAR, PARAPPORIDAM HOUSE, CHATHAMANGALAM P.O., VIA R.E.C. KOZHIKODE 673 601. 10. A.SAJEENA, VARAMBIL THEKKETHIL, MARU SOUTH, ALUMKADAVU, KARUNAGAPALLY , KOLLAM. ADDL. R5 TO R10 ARE IMPLEADED AS PER ORDER DT. 17.07.2009 IN IA. 1833/2009 BY MR.ALEXANDER THOMAS , SC FOR R1 & R2 BY GOVT. PLEADER MR. A.J.VARGHESE FOR R3 MR.M.RAMASWAMY PILLAI FOR R5 MR.P.M.JOSEPH FOR R5 MR.K.S.BHARATHAN FOR ADDL.R6 MR.R.S.KALKURA FOR R7 BY ADV.MR.KALEESWARAM RAJ FOR R8& R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15953/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 17.5.04 ISSUED BY THE JOINT CONTROLLER OF BOARD OF TECHNICAL EDUCATION, KERALA ALONGWITH MARK LIST. P2:- COPY OF THE CERTIFICATE DT. 18.4.05 ISSUED BY THE JOINT CONTROLLER OF BOARD OF TECHNICAL EDUCATION ALONGWITH MARK LIST. P3:- COPY OF THE CERTIFICATE FOR B.COM ISSUED TO THE PETITIONER. P4:- COPY OF THE COMMUNICATION DT. 22.3.08 FROM THE 2ND RESPONDENT TO THE PETITIONER. P5:- COPY OF THE G.O.T NO.474/87/H.EDN. DT. 21.2.87. P6:- COPY OF THE REPLY DT. 5.5.08 RECEIVED BY THE PETITIONER. TRUE COPY P.S. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15953 OF 2008 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The writ petition was disposed of by judgment dated 01.07.2009 and the judgment stands recalled in the light of the order passed in R.P.No.684/2009. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for respondents. It is agreed by the parties that the writ petition can be disposed of. 3. The petitioner herein is aggrieved by the rejection of her candidature for appointment to the post of Vocational Instructor under the Vocational Higher Secondary Education Department. The application was invited as per notification issued in the year 2005. The petitioner was included in the short list prepared by the Public Service Commission and she was ranked 32 in the said list. The petitioner was directed to produce the original certificates for verification and thereafter the present W.P.(C) No.15953/2008 2 communication, viz. Ext.P4 was issued stating that she is not having the required qualification. The petitioner is relying upon Exts.P1, P2 and P5 to contend for the position that the petitioner satisfies the qualifications prescribed as per the Special Rules. 4. The Public Service Commission has filed a counter affidavit disputing the averments in the writ petition. The qualification required for the post as provided in the notification, is the following: “A Degree from any of the Universities in Kerala or equivalent and 3 year Diploma in Commercial Practice from the Board of Technical Examinations, Kerala or equivalent qualification. OR A Degree from any of the Universities in Kerala or equivalent and 3 year Diploma in Typewriting English and Malayalam (Higher) from the Board of Technical Examination, Kerala or an equivalent qualification OR A pass in Vocational Higher Secondary course in any commerce group conducted by the Government of Kerala or its equivalent with B.Com awarded by any of the Universities in Kerala or an equivalent qualification.” W.P.(C) No.15953/2008 3 5. Learned counsel for the petitioner submitted that Ext.P1 will show that the petitioner had passed the preliminary Diploma Examination in Shorthand and Typewriting conducted by the Board of Technical Examination, Kerala and Ext.P2 will show that the petitioner has been awarded Diploma in Shorthand and Typewriting (Two year course) by the Joint Controller of Technical Examinations, Kerala. Great emphasis is made on para 2 of Ext.P5. It is pointed out that going by para 2, the qualification acquired by the petitioner should be treated as equivalent to KGTE Examinations Higher Grades of Typewriting (English) and Shorthand (English) and also to the Lower Grades of Typewriting (Malayalam) and Shorthand (Malayalam). The contention taken by the petitioner is that the required qualification is only a Degree or its equivalent with two year Diploma in Typewriting English and Malayalam (Higher) from the Board of Technical Examination, Kerala or an equivalent qualification. It is therefore submitted that going by sub-para 2 of Ext.P5, the petitioner satisfies the qualification. W.P.(C) No.15953/2008 4 6. The above assertion of the petitioner is disputed by the learned counsel for the Commission by pointing out that what is required under the relevant rule is three year Diploma in Typewriting English and Malayalam (Higher) from the Board of Technical Examination, Kerala. It is therefore submitted by the learned Standing Counsel that Ext.P5 will not help the petitioner and in any view of the matter, since the petitioner does not satisfy the requirements of Type writing English and Malayalam (Higher), the Commission is right in rejecting the application. 7. The substantial contention raised by the petitioner is that there is no such course offered by the Board of Technical Examination, Kerala to grant two year Diploma in Typewriting English and Malayalam (Higher). In fact, while admitting the writ petition, this court by an interim order dated 27.6.2008, directed the Government to file a statement regarding the sufficiency of the qualification, particularly after considering the fact that whether there is any course offered in Malayalam Typewriting (Higher) Examination anywhere in the State of Kerala. The issue will have to be therefore examined by the Government W.P.(C) No.15953/2008 5 itself, since it is vehemently contended by the learned counsel for the petitioner that the Government was having only in mind a two year diploma course in Typewriting English (Higher) and Malayalam, while making the statutory rule. It is clear that going by the plain terms of the rule, the qualification that is acquired by the petitioner will not satisfy the requirement. But if the decision is otherwise, as contended by the learned counsel for the petitioner, presumably the petitioner can contend that she satisfies the qualification. At any rate, this is a matter which requires examination by the Government itself, being the appointing authority. Therefore, if the petitioner files an appropriate representation to the Secretary, Higher Education Department, Government of Kerala, within three weeks from today, the same will be considered and orders will be passed after ascertaining the views of the Director of Technical Education, within a further period of two months. The Commission will take appropriate decision depending upon the order thus passed by the Government. If the decision of the Government and the Commission is in favour of the petitioner, W.P.(C) No.15953/2008 6 then the candidates who have already been advised will not be adversely affected. The petitioner will forward a copy of this judgment, along with a copy of the writ petition to the Government for compliance. The writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp