IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 31109 of 2008(C) ------------------------------------------ PETITIONER(S): ------------------------- SHYNI M., D/O. VALSAN M, AGED 33 YEARS, VAPPOLATH HOUSE, CHELAVOOR P.O., KOZHIKODE 673 571. BY ADVS. MR.R.SUDHISH SMT.M.MANJU. RESPONDENT(S): ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE R2 BY ADV. MR. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.31109 of 2008-C ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard. Sri.R.Sudhissh, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for the first respondent and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. By Ext. P4 notification published in the Kerala Gazette dated 26.4.2005, Kerala Public Service Commission (hereinafter referred as the 'Commission' for short) invited applications for appointment to the post of Vocational Instructor in Clothing and Embroidery in Government Vocational Higher Secondary Schools. The qualification prescribed in Exhibit P4 notification was, i) a pass in V.H.S.C in Clothing and Embroidery conducted by the Government of Kerala or its equivalent with B.Sc. Home Science awarded by any of the Universities in Kerala or its equivalent qualification or ii) Pre-degree awarded by any of the Universities in Kerala or its equivalent with Diploma in Costume Design and Dress W.P(C) No.31109 of 2008-C 2 Making awarded by the Department of Technical Education. 3. Pursuant to Ext.P4 the petitioner applied and she was called to appear for the written test held on 15.5.2007. The shortlist of candidates to be called for the interview was published on 28.2.2008. The petitioner was included in the shortlist. Ext.P5 rank list was thereafter published on 18.6.2008. The name of the petitioner was not included therein for the reason that the candidates possessing the qualification of pass in M.Sc (Home Science) were also considered for selection and included in the ranked list. 4. It is conceded at the Bar that Ext.P5 ranked list was challenged in W.P.(C)No.20771 of 2008. By judgment delivered on 15.12.2008, the ranked list to the extent it included candidates who possess M.Sc (Home Science) was quashed. Aggrieved by the decision of the learned Single Judge the Commission and the candidates possessing the qualification of M.Sc (Home Science), filed W.A.No.325 of 2009 and connected cases. By judgment delivered on 13.3.2009 the Division Bench of this Court held that the candidates possessing a pass in M.Sc. (Home Science) could not W.P(C) No.31109 of 2008-C 3 have been included in Exhibit P5 ranked list for the reason that the said qualification was treated as equivalent only on 12.5.2008 long after the selection process commenced. In the light of the decision of the Division Bench of this Court in W.A.No.325 of 2009 and connected cases I dispose of this writ petition with a direction to the Commission to revise Ext.P5 ranked list by excluding candidates who possess M.Sc. degree in Home Science and draw up a fresh ranked list. The name of the petitioner shall also be considered for inclusion in the ranked list based on the marks obtained by her in the written test and interview. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab