IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 1226 of 2008(U) --------------------------------------- PETITIONER: --------------------- MANOJ KUMAR S.R., SANTHOSH BHAVAN, MARIYAPPALLY P.O.,KOTTAYAM-686023. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORMS (RULES) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. 4. THE DIRECTOR, EMPLOYMENT DIRECTORATE, THIRUVANANTHAPURAM. 5. DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS BY SRI. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008 ALONG WITH W.A.NO.2413 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1226/2008 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE JOINT CONTROLLER OF EXAMINATIONS (KERALA) TO THE PETITIONER. EXT.P2: COPY OF THE G.O. DTD. 2/04/1984. EXT.P3: COPY OF THE NOTIFICATION DTD. 8/12/2004. EXT.P4: COPY OF THE G.O. DTD. 9/05/2005. EXT.P5: COPY OF NOTIFICATION DTD. 31/12/2005. EXT.P6: COPY OF THE PROCEEDINGS DTD. 15/12/2006. EXT.P7: COPY OF THE LETTER DTD. 18/02/2005 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P8: COPY OF THE CIRCULAR NO.Q1/39556/04/D 3 DTD. 28/07/2005. EXT.P9: COPY OF THE G.O.(RT) NO.1831/06 DTD. 7/08/2006. EXT.P10: COPY OF THE G.O.(RT) NO.1377/2006 DTD. 16/09/2006. EXT.P11: COPY OF THE JUDGMENT DTD. 4/10/2007 IN WP(C) NO.27992/2007. EXT.P12: COPY OF THE G.O.(RT) NO.1840/07/H.EDN. DTD. 31/10/2007. EXT.P13: COPY OF THE MEMO DTD. 1/1/2008 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- W.P.(C).1226/2008 -------------------- Dated this the 10th day of January, 2008 ORDER The impact of Ext.P10 order dated 16.9.2006 in determining whether persons, who had acquired KGTE typewriting and shorthand, can be treated as qualified for the purpose of applying to the post of Lower Division Typist in various departments, was considered by this Court in W.P.(C).27992/2007 and connected cases. The contention raised by the petitioners therein was rejected. It is submitted by both sides that appeals have been preferred against Ext.P11 judgment and the same are pending before the Division Bench. According to the petitioner, Ext.P10 order (Ext.R2 (a) in Ext.P11 judgment) has now been modified by Ext.P12 order dated 31.10.2007 and therefore, petitioner should be considered as qualified in terms of the notification issued by the PSC though he had passed KGTE under the pre-97 syllabus. In my view, that contention may have to be considered only subject to the W.P.(C).1226/2008 2 view that the Division Bench may take on the impact of Ext.R2(a) order and the decision taken by the PSC to consider certain qualifications as equivalent to the prescribed qualifications inter alia by referring to Ext.R2(a) Government Order. In the circumstances, it would be appropriate that this writ petition is also heard by the Division Bench. Accordingly I adjourn this writ petition to the Division Bench under Section 3 of the Kerala High Court Act. Place this writ petition before the Honourable Chief Justice for appropriate orders. V.GIRI, Judge mrcs