IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WA.No.628 of 2008 ---------------------- AGAINST THE JUDGMENT IN WPC.24678/2007 Dated 07/12/2007 .................... APPELLANT: PETITIONER: ------------------------------ SHINE MATHEW, KIZHAKKEDATH HOUSE, MANI KUNI, P.O. SULTHAN BATHERY, WAYANAD DISTRICT-673592. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: RESPONDENTS: ------------------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PSC BHAVAN, PATTOM P.O., TRIVANDRUM-695004. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, TRIVANDRUM. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R2 SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, ALONG WITH WPC NO.10128 OF 2008 & WPC NO. 22123 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.628 of 2008, W.P.C. No.10128 of 2008 and W. P.C. No.22213 of 2008 ------------------------------------------------ Dated this the 30th day of October, 2008 JUDGMENT Koshy, J Appellant and petitioners in both the writ petitions were shortlisted for appointment to the post of Sales Tax Officer in Commercial Tax Department. They applied for the post in pursuance to Ext.P2 notification. One of the qualifications prescribed for the post is Masters Degree in Business Administration (Finance). According to the appellant and petitioners, they obtained Masters Degree in Business Administration (M.B.A) from Bharathiar University. But it is not a M.B.A (Finance). Hence, appellant and petitioners were excluded from the rank list prepared by the PSC. Aggrieved by this, W. A. No.628 of 2008 and co. cases -2- appellant and petitioners approached this Court. The learned Single Judge of this Court in the impugned judgment stated that even if the degree awarded by the University is not M.B.A (Finance) but only M.B.A, if the sole elective subject is Finance their application should be considered. Appellant and petitioners produced Ext.P8 certificate from Bharathiar University. As per Ext.P8, the following are the Finance subjects as elective in the M.B.A course. “1) Corporate Finance. 2) Security Analysis & Portfolio Management. 3) Working Capital Management. 4) Merchant Banking & Financial Services.” 2. Exts.P9, P9(a), P9(b) and P9(c), copies of mark lists produced by the appellant show that the elective Finance subject includes Corporate Finance, Security Analysis, Portfolio Management, Working Capital Management and Modern Banking and Financial W. A. No.628 of 2008 and co. cases -3- Services. Apart from the Financial subjects, elective subjects like Marketing Research, Consumer Behaviour, Promotion Management, Service Marketing were also included. So it can be said that it was a M.B.A in general subjects including Finance, Marketing, Human Resource and the sole elective subject is not Finance. The learned Single Judge in the impugned judgment found that even though Finance is one of the elective subjects that is not a sole elective subject. Hence, petitioners' claim that their M.B.A is equal to M.B.A (Finance) was rightly rejected by the learned Single Judge. Appellant and petitioners in writ petitions produced syllabus and other particulars of M.B.A (Finance) of Kerala University. But that shows that there were eight papers to be studied in the third and fourth semesters as electives and all the elective papers are regarding Finance subject W. A. No.628 of 2008 and co. cases -4- whereas the appellant and petitioners have got many electives which are not concerned with Finance subject and it cannot be stated that they passed M.B.A with the sole elective subject as “Finance”. Therefore, the learned Single Judge correctly rejected the plea of appellant and petitioners. We fully agree with the views of the learned Single Judge. 3. This writ appeal as well as the above two writ petitions are dismissed. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-