IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 4985 of 2008(R) ------------------------- PETITIONER: ------------ 1. LINDA.M.J., MURUKKUTHARA HOUSE, ERAMALLOOR P.O., ALAPPUZHA 688 537. 2. JINCYMOL P.A., PUTHENPURACKAL HOUSE, EZHUPUNNA P.O., ALAPPUZHA 688 548. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM. BY SRI. ALEXANDER THOMAS - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4985 OF 2008 ---------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT The petitioners are candidates, who applied for the post of Higher Secondary School Teacher (Junior) and Higher Secondary School Teacher(Senior) in Physics pursuant to notification inviting applications by the PSC, for selection. In this writ petition, they are aggrieved by the anomaly in granting weightage for the marks obtained in M.Sc Examination in the process of selection. According to them unequal candidates are being treated equal in the matter. The petitioners are persons, who passed M.Sc Examination under the old scheme where there is no internal marks. The petitioners point out that the other persons, who have passed M.Sc Examination in the semester scheme where internal marks are also awarded, are likely to get higher marks in view of the internal marks awarded by the College. The petitioner therefore submits that granting of same percentage of weightage marks for candidates, who passed M.Sc examination under two different schemes is arbitrary and discriminatory. W.P.(c) No.4985/08 2 2. The learned standing counsel for the PSC points out that this question was also considered by a Division Bench of this Court in Sajan N. Menon V. State of Kerala (2007(4) KLT 126) and negatived. Therefore he submits that in view of the Division Bench decision, the contention of the petitioners in this regard is not sustainable. 3. I have gone through that decision and I find that in paragraphs 8 and 9 of that decision, the Division Bench had specifically considered this question and held that in the absence of a better system, the PSC cannot be found fault with in following the said system which is stated to be for eliminating inequality. In view of the said decision, this writ petition is liable to be dismissed and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.4985/08 3