IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 36333 of 2007(A) -------------------------------------- PETITIONER: ------------------ BAHANA, AGED 27, D/O. ABDUL HAMEED, NALAKKATH HOUSE, AMBALAVAYAL P.O., WAYANAD-673 593. BY ADV. SRI.A.AHZAR RESPONDENTS: ----------------------- 1. BSNL, REPRESENTED BY CHIEF GENERAL MANAGER, KERALA TELECOM, THIRUVANANTHAPURAM. 2. BSNL, REPRESENTED BY ASSISTANT GENERAL MANAGER (ADMN.), TELECOM, CALICUT. 3. UNION OF INDIA, REPRESENTED BY DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1-3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.MATHEW K. PHILIP , SC , BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON 19/08/2008 DELIVERED THE FOLLOWING: W.P.(C) NO.3633/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DEGREE CERTIFICATE . EXT.P2:- COPY OF THE CUMULATIVE STATEMENT OF MARKS DT. 20.9.2003. EXT.P3:- COPY OF THE NOTIFICTION DT. 4.10.2007. EXT.P4:- COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF APPLICATION DT. 17.11.2007. EXT.P5:- COPY OF THE EJECTION ORDER DT. 23.11.2007. EXT.P6:- COPY OF THE REPRESENTATION DT. 6.12.2007 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P7:- COPY OF THE ADMIT CARD ISSUED TO SRI.RAMLAL. EXT.P8:- COPY OF THE CERTIFICATE ISSUED TO SRI.RAMLAL BY COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. EXT.P9:- COPY OF THE ADMIT CARD ISSUED TO JISHA C. EXT.P10:- COPY OF THE CERTIFICATE ISSUED TO JISHA C. BY COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. EXT.P11:- COPY OF THE LETTER ISSUED BY DR. K.VASUDEVAN, PROFESSOR AND HEAD OF THE DEPARTMENT, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. EXT.P12:- COPY OF THE COVERING LETTER OF RESULTS. EXT.P13:- COPY OF THE RANK LIST OF DONY C.S. SL. NO. 6 OF KOLLAM SSA. EXT.P14:- COPY OF THE RANK LIST OF RASIQ S.M. SL. NO. 21 OF KOTTAYAM SSA. EXT.P15:- COPY OF THE RANK LIST OF BONY JOHN, SL. NO. 1 OF ERNAKULAM SSA.. EXT.P16:- COPY OF THE RANK LIST OF SHEREENA P.H. (SL. NO. 2) PRASANT V.B. (SL. NO.22, ANURUTHA SUKUMARAN (SL. NO. 31) AND DHANESH (SL. NO.33) WERE RANKED GENERAL MERIT 2, GENERAL MERIT 22, GENERAL MERIT 31 AND GENERAL MERIT 33 OF ERNAKULAM SSA. EXT.P17:- COPY OF THE RANK LIST OF ASHIYA S. (SL. NO.15) IN PALAKKAD SSA. EXT.P18:- COPY OF THE RANK LIST OF SHYJU K.V., SL. NO. 25 IN KANNUR SSA. W.P.(C) NO.36333/2007 RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE RECRUITMENT RULES TELECOM TECHNICAL ASSISTANT 2001. EXT.R1(b):- COPY OF THE LETTER DT. 5.11.01. EXT.R(9c):- COPY OF THE LETTER DT. 16.8.07 ISSUED BY ADG, BSNL , NEW DELHI. EXT.R1(d):- COPY OF THE NOTIFICATION DT. 15.9.07. EXT.R1(e):- COPY OF THE LETTER DT. 25.9.07 ISSUED BY DGM (ADMN) BSNL, TRIVANDRUM. EXT.R1(f):- COPY OF THE LETTER DT. 12.10.07 ISSUED BY ADG, BSNL, NEW DELHI. EXT.R1(g):- COPY OF THE LETTER DT. 3.10.2001 ISSUED BY BSNL CORPORATE OFFICE. /TRUE COPY/ P.S. TO JUDGE tss P.N.Ravindran, J. ================ W.P(C).No.36333 of 2007 ================== Dated this the 19th day of August, 2008. JUDGMENT The petitioner possesses M.Sc. degree in Electronics Science awarded by the Cochin University of Science and Technology. By Ext.P3 notification, the first respondent invited applications from eligible persons for appointment to the post of Telecom Technical Assistant in 11 different secondary switching areas. The qualifications prescribed for the post of Telecom Technical Assistant in Ext.P3 inter alia include M.Sc. degree in Electronics from a recognised institution/university. Pursuant to Ext.P3, the petitioner applied for appointment to the post of Telecom Technical Assistant in Calicut secondary switching area. Her application was rejected and Ext.P5 letter was issued stating that she does not possess the educational qualification prescribed for the post. The Writ Petition was thereupon filed challenging Ext.P5 and seeking the following reliefs: "i) to issue a writ of mandamus or appropriate writ or order directing the respondents to issue hall ticket and permit to petitioner to appear for the examination to be WP(C)36333/07 -: 2 :- conducted on 8th and 9th December at Calicut for the post of Telecom Technical Assistant. ii) to issue an appropriate writ or order calling for the records leading to Ext.P5 and issue a writ of certiorari quashing the same." 2. The petitioner contends that the rejection of her application for appointment to the post of Telecom Technical Assistant is arbitrary and illegal. The petitioner has along with I.A.No.5496 of 2008 produced Exts.P7 and P8 to show that Sri.Ramlal U.K. who also has been awarded M.Sc. degree in Electronics Science by the Cochin University of Science and Technology, was permitted to appear for the examination for appointment to the post of Telecom Technical Assistant in Thrissur secondary switching area. It is contended that he has been selected and appointed to the said post. The petitioner has produced Exts.P9 and P10 to show that Smt. Jisha C. who possesses the same qualification was also permitted to appear for the examination. The petitioner states that she was appointed in Kannur secondary switching area. The petitioner also states that other candidates who have been awarded M.Sc. degree in Electronics Science by the Cochin University of Science and Technology have been selected and appointed as Telecom Technical Assistant in other secondary switching areas also. The petitioner has also averred that in Kollam secondary switching area, Ernakulam secondary switching area and in Palakkad secondary switching area, candidates who have been awarded M.Sc. degree in Electronics Science by the Cochin WP(C)36333/07 -: 3 :- University of Science and Technology have been selected and appointed. This averments are not denied or disputed by the respondents. The respondents resist the Writ Petition mainly contending that M.Sc. degree in Electronics Science is not a prescribed qualification for the post. It is contended that the petitioner was not eligible to apply for the post and her application was rightly rejected. 3. When this Writ Petition came up for admission on 7.12.2007 this Court passed the following interim order: "Standing counsel takes notice. In view of the fact that the petitioner possesses a Degree in M.Sc. (Electronic Science) from the Cochin University of Science and Technology there will be an interim direction to the 2nd respondent to permit the petitioner to participate in the Examination to be held on 8th and 9th of December, 2007, provisionally. It is made clear that petitioner's participation in the examination will be provisional. Petitioner's result will be declared only after getting orders from this Court. Petitioner shall collect the hall ticket directly from the 2nd respondent." 4. Thereafter, on application filed by the petitioner as I.A.No.5496 of 2008 for a direction to the respondents to publish the results of the examination conducted on 8.12.2007 and 9.12.2007, this Court on 22.4.2008 passed the following order: "When this IA came up for orders, learned Standing Counsel appearing for the respondent has offered to file a statement disclosing the result of the petitioner in the WP(C)36333/07 -: 4 :- examination for which he appeared pursuant to the order dt. 07.12.07. In view of the submission of the counsel for the petitioner that, the certificates of the successful candidates will be verified on 30th of this month, it is directed that if the petitioner has passed in the examination, subject to the result of the Writ Petition, the respondents shall verify the certificate of the petitioner also." 5. Pursuant to the said direction, the respondents filed a statement dated 5.5.2008 to the effect that the petitioner has qualified in the examination. It was thereafter that a counter affidavit was filed disputing the entitlement of the petitioner to apply for the post on the ground that M.Sc. degree in Electronics Science is not a qualification prescribed for post. 6. I have heard Sri.Ahzar A, the learned counsel appearing for the petitioner and Sri.Mathews K. Philip, the learned Standing Counsel appearing for the respondents. It is not in dispute that M.Sc. degree in Electronics is one among the qualifications prescribed for the post of Telecom Technical Assistant. It is also not in dispute that except in Calicut secondary switching area persons possessing M.Sc. degree in Electronics Science have been appointed as Telecom Technical Assistants. It is also not in dispute that persons similarly placed like the petitioner who have been awarded M.Sc. degree in Electronics Science by the Cochin University of Science and Technology have been selected and appointed in Thrissur secondary switching area and in Kannur secondary WP(C)36333/07 -: 5 :- switching area. The pleadings and materials produced in the case establish beyond doubt that persons possessing qualifications identical to the one possessed by the petitioner have been allowed to appear for the examination, selected and appointed. No explanation is forthcoming from the side of the respondents as to how persons possessing the same qualification as the one which the petitioner possesses have been appointed in other secondary switching areas. It is evident from Ext.R1 (a) that M.Sc. degree in Electronics is one among the qualifications prescribed for the post. The petitioner admittedly possesses a post- graduate degree in Electronics. The addition of the word "Science" after Electronics is only descriptive. Further, the respondents have admittedly appointed persons possessing the said qualification as Telecom Technical Assistant in 10 out of the 11 secondary switching areas. The stand taken by the respondents that the petitioner who possesses the same qualification is not qualified, is therefore plainly untenable. By virtue of the interim order passed by this Court, the petitioner has appeared for the examination and she has also qualified in the examination. 5. In the result, I quash Ext.P5 and declare that the rejection of the petitioner's application was not in order. As the petitioner had appeared and passed the examination and has been found eligible for appointment as Telecom Technical Assistant, the respondents are bound to appoint her to the said post. In the result, the Writ Petition is allowed and the WP(C)36333/07 -: 6 :- respondents are directed to appoint the petitioner as Telecom Technical Assistant, in Calicut secondary switching area forthwith. P.N.Ravindran, Judge. ess 6/8