IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 13503 of 2009(G) -------------------------------- PETITIONER: -------------- SURESHAN E.V, S/O.LATE PADMANABHAN ASHARI, AGED 30 YEARS, ELLATH VALAPPIL HOUSE, PUTHIYAKANDAM P.O, ANANDASHRAM, KANHANGAD, KASARGOD DISTRICT. BY MR.K.T.SHYAMKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PSC OFFICE, PATTAM, THIRUVANANTHAPURAM. BY MR. ALEXANDER THOMAS, SC, KPSC. MR. MUHAMOOD T.T., SR. GOVERNMET PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13503 OF 2009 --------------------------------------- Dated this the 17th day of June, 2009. J U D G M E N T The petitioner is aggrieved by the non-inclusion of his name in the list of candidates for the interview for the post of Vocational Teacher in Accountancy & Auditing in the Kerala Vocational Higher Secondary Education Department. 2. The petitioner is an M.Com graduate from the Mangalore University. Exhibit P1 is the copy of the Degree Certificate issued to the petitioner. The petitioner was included in the short list of candidates and was issued Admission Ticket for appearing for the written test, going by Exhibit P2. Accordingly, the petitioner appeared for the written test. 3. By Exhibit P3, the petitioner was asked to produce copies of certificates showing his educational qualifications. Since the Degree Certificate did not specify the area of specialization, the petitioner produced mark list of M.Com final examination wherein the subjects like Capital Structure W.P.(C) No.13503/2009 2 Management and Investment Science are shown as optional subjects. According to the petitioner, these two papers are prescribed for specialization in Financial Management in the Mangalore University. Exhibit P4 is the copy of second year mark list. Exhibit P5 is the certificate issued by the Kannur University certifying that the M.Com Degree granted by the Mangalore University is recognized by it. 4. By Exhibit P6, the petitioner was given a reply and was directed to produce the certificate from the Mangalore University showing the subject of specialization. Exhibits P7 and P8 were produced but these were not accepted as the same were issued only by the Chairman of the Department. It is in this circumstance, the petitioner has filed this writ petition. 5. Along with I.A.No.6762/2009, the petitioner has produced a copy of the certificate, Exhibit P9, issued by the Registrar of the Mangalore University stating that the area of specialization of M.Com was Financial Management and Investment Science. Learned counsel for the petitioner, therefore, submitted that presently no objection can be taken in the matter. W.P.(C) No.13503/2009 3 6. Heard the learned standing counsel for the Public Service Commission also. 7. The qualification that is prescribed for the post is M.Com with specialization in Financial Management. The certificate that is produced by the petitioner shows that he has acquired Master of Commerce and it does not show the area of specialization. Therefore, the petitioner will have to substantiate before the Commission the claim raised that the course undertaken is having specialization in Financial Management. If the petitioner produces the relevant materials like syllabus for the concerned year as well as mark lists for the first and second year examinations along with authentic copy of Exhibit P9 before the second respondent, the second respondent will examine the same and after considering all aspects take a decision in the matter. If the petitioner is found eligible, he will have to be interviewed if necessary and should be assigned a suitable place in the rank list without disturbing the advices of other candidates already made. Appropriate action shall be taken within a period of six weeks from the date of production of W.P.(C) No.13503/2009 4 relevant materials by the petitioner along with a copy of the judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp