IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 796 of 2008(T) ------------------------ PETITIONER: ------------ R.SHIVAKUMAR, HOUSE NO.2, OFFICERS NAGAR, OOTTUKUZHI, THIRUVANANTHAPURAM-1. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. BY SHRI.ALAXANDER THOKMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 796 of 2008 ================== Dated this the 14th day of February, 2008 J U D G M E N T The petitioner applied to the PSC for selection to the post of Vocational Teacher (Refrigeration and Air Conditioning) in the Department of Kerala Vocational Higher Secondary Education. He possesses the degree in Mechanical Engineering with a 1st Class as is evident from Ext.P2. The qualification prescribed for the post is B.Tech degree with 60 per cent marks. According to the petitioner, since the petitioner's B.E. Degree in Mechanical Engineering from the Bangalore University is equivalent to the B.Tech. degree in Mechanical Engineering of the Kerala University, he is eligible for selection to the post. However, the PSC rejected his candidature on the ground that he has not scored 60 per cent marks for the B.E. Degree. The contention of the petitioner is that, as is clear from his degree certificate, he has passed the B.E. degree in 1st Class. As per Ext.P7 which is the prospectus for the course which the petitioner has undergone, 1st Class denotes 60 per cent marks and above but below 70 per cent marks in the aggregate and therefore, the petitioner is duly qualified. w.p.c.796/08 2 2. The contention of the PSC is that, as is clear from their statement filed in this writ petition, 60 per cent should have been the aggregate of marks obtained by the petitioner in all examinations for his degree course. The aggregate of the marks he has scored for all examinations put together is 54 per cent marks and therefore, the petitioner is not eligible to be considered for selection is the contention of the PSC. 3. After considering the arguments of both sides, I am of opinion that in so far as the PSC has taken a uniform criterion in adopting the aggregate marks obtained in all examinations of the course, the same cannot be faulted and the petitioner alone cannot be considered for selection on the ground that his degree certificate states that he has passed in 1st class, although the petitioner has not scored average 60 per cent marks in the examinations for all the years/semesters of the qualifying examination. The petitioner does not dispute that his average marks for all the examinations put together is only 54%. In that view, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.796/08 3