IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WA.No. 1466 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.20286/2007 Dated 02/05/2008 .................... APPELLANT: 2ND RESPONDENT ---------------------------------- SYAMALA C.S., KRISHNAKRIPA, AMBALLOOR P.O., KANJIRAMATTAM, ERANAKULAM DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: PETITIONER & 1ST RESPONDENT ------------------------------------------------------- 1. UNNIKRISHNAN NAIR V.K., SENIOR ACCOUNT ASSISTANT, NATIONAL HORTICULTURAL BOARD, 85, INSTITUTIONAL AREA, SECTOR 18, GURGOAN, HARYANA -122 015. 2. THE COIR BOARD, MINISTRY OF AGRO AND RURAL INDUSTRIES, COIR HOUSE, P.B. NO. 1752, M.G. ROAD, COCHIN,REPRESENTED BY I T SECRETARY. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, ALONG WITH WA NO. 1580 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ------------------------------------------------------------------ W.A. Nos. 1466 and 1580 of 2008 ----------------------------------------------------------------- Dated this the 4th August 2008 JUDGMENT By Ext. P1 notification first respondent invited applications for the post of Accounts Manager in the Coir Board. Two vacancies in the general category were notified. Ext. P1 notification as well as Ext. P2 Coir Board (Service) Bye-laws 1983 prescribe the qualification as follows: “B. Com with Advanced Accountancy having five years' experience in Accounts Branch of a Government Department or concern of repute, OR Post Graduate qualifications in Accountancy including M.Com with two years' experience in Accounts in a Company or Government Department.” The last date for receipt of application as per Ext. P1 was 29.08.2006. Petitioner as well as respondent No 2 in the writ petition along with some others participated in the interview. Second respondent (appellant in W.A. No 1466 of 2008) was rank No.1 and therefore she was appointed against one of the vacancies. One C.U. Abraham who was rank No. 2 in the rank list was appointed in the second vacancy. The contention of the writ petitioner is that the second respondent WA 1466 & 1580/08 2 (appellant) was not qualified as she was not having the prescribed qualification on the last date fixed for filing the application. It was contended that the second respondent does not possess B. Com degree with Advanced Accountancy which is the prescribed qualification or she was also not having the prescribed qualification. It was also contended that the second respondent has possessed B.Com degree with Cost Accounting with Co-operation as an elective subject. She had a paper on Advanced Accountancy in Group D for B.Com degree examination. Further she has got the requisite experience. Since there was a paper on Advanced Accountancy learned single judge did not accept the contention regarding lack of educational qualification but found that there was no requisite experience. Five years experience in Accounts Branch of a Government Department or concern of repute was necessary for having considered for the post. According to the second respondent, she had 2 ½ years experience in the Accounts Branch of Coir Board and another two years' experience in the Accounts Department in Kerala Hi-Tech Industries Limited, Trivandrum. She was working there as Clerk-Typist. When she was working as Clerk- Typist she acquired experience in theoperations of computerised WA 1466 & 1580/08 3 EPABX, Telex, Telefax and Xerox Machine. The certificate produced by the second respondent does not show that she was working in the Accounts Branch of the company and it cannot be taken as the required experience as per the notification. She also claimed that she has one year experience with M/s V.J. Mathew and Company, Advocates and Notary, Ernakulam and also working experience with Reccatex 95 of the Regional Engineering College, Calicut Alumni Association apart from experience in the accounts Department of Indus Trade Links, Ernakulam. Reccatex 95 was conducted by All India Science and Technology Exhibition and Industrial Fair. She worked there as an Office Assistant cum Stenographer which has nothing to do with the required experience. Learned judge considered the claim of the second respondent and found that employment as a Stenographer with M/s V.J. Mathew and Company is not an experience in the Accounts Branch of Government Department or concern of repute. With regard to the experience in Coir Board, she joined there as Junior Stenographer on 22.09.1999 and was promoted to the post of Co-operative Inspector on 31.08.2005. Learned judge considered the matter in detail in paragraphs 10 to 15 of the judgment and found that the WA 1466 & 1580/08 4 second respondent has got experience only as Junior Stenographer and experience as Junior Stenographer cannot be taken as experience in the Accounts Branch of a Government Department or concern of repute and even if the period during which she was given charge of a Co-operative Inspector the maximum period of experience is only 2 ½ years. In the above circumstances, she cannot be said to be qualified to be appointed as Accounts Manager as she has no reuqired experience. On going through the qualifications mentioned in the affidavit we are satisfied that she was not having the required experience in the Accounts Branch of a Government Department or concern of repute for five years. Since we agree with the views of the learned judge we are not reiterating the findings entered in paragraphs 10 to 15 of the judgment. Learned judge also found that on getting appointment second respondent had resigned from the post of Co-operative Inspector. Therefore learned judge also gave a discretionary relief and directed the Coir Board to offer the second respondent appointment to the post of Co-operative Inspector, which post she was holding till she was selected and appointed as Accounts Manager. It is contended that the writ petitioner himself was not qualified. Writ petitioner is WA 1466 & 1580/08 5 a Post-graduate in Commerce M. Com (Finance) and has got Diploma in Management as part of MBA-Finance. He has got experience as Senior Accounts Assistant in the National Horticultural Board, Ministry of Agriculture as well as in the Internal Auditor with South Zone Audit Party of Employees Provident Fund Organisation. He is a Post-graduate with required experience and accounts branch of other concern of repute as mentioned by him in the affidavit. In the circumstances, because of the selection of a person without requisite experience, favouritism can be inferred. It is further contended that after undergoing the selection process he cannot question the selection now. Here the dispute is with regard to the selection and appointment of candidate who was not having the requisite qualification. Candidates applying for the post may not know what are the qualifications and experience of the other candidates who applied in response to the notification. Only when the second respondent (appellant) was selected and petitioner was ranked No.3, he enquired about the qualification and experience and on knowing that she had no requisite experience and as a candidate who has participated in the selection, he rightly challenged the selection without any delay. He is not questioning the selection WA 1466 & 1580/08 6 process but appointment of the appellant who had no prescribed qualification. In the above circumstances, we fully agree with the reasons of the learned judge and dismiss both the appeals. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 04/08/2008 en [true copy]