IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).NO. 13185 OF 2010(W) -------------------------- PETITIONER(S): --------------- K.REJI, KRISHNANJANA, P.O.KALADY- ERNAKULAM DISTRICT. BY ADV. SRI.N.SUGATHAN SMT.M.C.BINDUMOL RESPONDENT(S): ----------------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, KPSC OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR. 3. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R1 SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY FOR R2 SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.13185/1010 PETITIONER'S EXTS: EXT.P1: COPY OF TRANSCRIPT OF RECORD OF WORK OF THE PETITIONER FOR MSC.DEGREE. EXT.P2: COPY OF NET CERTIFICATE DT.25.7.02 ISSUED TO THE PETITIONER. EXT.P3: COPY OF CALL LETTER DT.23.3.10 OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF REPRESENTATION DT.5.4.10 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5: COPY OF REPRESENTATION DT.5.4.10 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF ORDER DT.7.3.83 OF THE 3RD RESPONDENT. EXTS.PRODUCED ALONG WITH THE REPLY AFFIDAVIT. EXT.P7: COPY OF CERTIFICATE DT.18.12.10 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P8: COPY OF BACHELOR OF SCIENCE CERTIFICATE DT.3.4.92 ISSUED BY THE CALICUT UNIVERSITY. EXT.P9: COPY OF MARK LIST DT.24.7.91 FOR THE FINAL YEAR B.SC. DEGREE EXAMINATION OF APRIL, 91. EXT.P10: COPY OF GO(MS)NO.118.2005/H.EDN. DT.5.8.05. EXT.P11: COPY OF REPRESENTATION DT.5.8.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.PRODUCED ALONG WITH IA.NO.13342/10 EXT.P7: COPY OF RANKED LIST FOR THE POST OF LECTURER IN STATISTICS PUBLISHED BY THE 1ST PETITIONER. REPONDENTS' EXT: EXT.R1(A): COPY OF CERTIFICATE ISSUED TO THE PETITIONER ON 18.12.10. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.13185 of 2010 -------------------------------------------------- DATED THIS THE 4th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner has approached this Court by filing this Writ Petition seeking for various directions for considering the petitioner for selection to the post of Lecturer in Statistics in the Collegiate Education Department. 2. The petitioner is having the qualification of B.Sc.degree in Statistics Main with Mathematics and Mathematical Economics as subsidiaries from the 3rd respondent- University. He has also acquired M.Sc.Degree in Agricultural Statistics from the 2nd respondent -University. He was placed in the first class in both the B.Sc. and M.Sc. examinations. He has also qualified in the National Eligibility Test for Lectureship/Assistant Professorship conducted by the Agricultural Scientist Recruitment Board(ICAR) and Exhibit P2 certificate has been produced in proof of the same. 3. The petitioner was called for an interview on 7.4.2010 pursuant to the application submitted for appointment to the post W.P.(C)No.13185/10 -2- of Lecturer in Statistics in the Collegiate Education Service. When she appeared for interview she was asked to produce equivalency certificate from any of the Universities in Kerala to the effect that M.Sc.Agricultural Statistics is equal to M.Sc. (Statistics) and that the ICAR NET is equal to CSIR-NET in Mathematical Science. 4. The petitioner thereafter submitted applications as per Exhibits P4 and P5 before the 2nd and 3rd respondents. The petitioner subsequently came to know that the 3rd respondent has already issued an order as per Exhibit P6 dated 7.3.1983 whereby the M.Sc.Agricultural Statistics degree of the Kerala Agricultural University has been approved as equivalent to M.Sc. (Statistics) of the Calicut University. It is in these circumstances that the petitioner has filed the Writ Petition seeking for various directions. 5. This Court by interim order dated 27.4.2010 directed that the application submitted by the petitioner for appointment to the post of Lecturer shall not be rejected, which stood extended from time to time. Subsequently, by another interim order dated 9.11.2010, after referring to the averments in the W.P.(C)No.13185/10 -3- counter affidavit filed by the Calicut University, the University was directed to pass appropriate orders on Exhibit P5 application submitted by the petitioner. It was further made clear that if the matter requires issuance of equivalency certificate, the Calicut University shall issue such equivalency certificate to the petitioner. 6. Thereafter the University has issued equivalency certificate Exhibit P7, produced along with the reply affidavit of the petitioner. Subsequently, the ranked list has been published by the Commission which came into force on 8.6.2010. A copy of the list has been produced as Exhibit P7 along with I.A.No.13342/2010 wherein the petitioner is seen included as Sl.No.30; but the result has been withheld. 7. In the light of the subsequent developments, what is required is now only to direct the Public Service Commission to consider the matter in the light of Exhibit P7 certificate as well as Exhibit P10 order. It is averred in the reply affidavit filed by the petitioner that the same have been forwarded along with Exhibit P11 representation. W.P.(C)No.13185/10 -4- 8. Appropriate decision will be taken by the Public Service Commission within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the inclusion of the petitioner in the ranked list will not affect the candidates, if any, already advised. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn