IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 36173 of 2007(F) -------------------------- PETITIONER: --------------- ANU THUSHARA M., D/O.SREEDHARAN P., AGED 26 YEARS, THUSHARAM, KANDANKALI P.O., KANNUR DISTRICT. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: --------------- 1. BSNL, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, BSNL, TRIVANDRUM. 3. PRINCIPAL GENERAL MANAGER, BSNL, KANNUR, SSA, KANNUR. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/9/2008, THE COURT ON 7/10/2008 DELIVERED THE FOLLOWING: WP(C) 36173/07 PETITIONER'S EXTS: Ext.P1 A true copy of the notification No.Rectt/16-2/2007 dated 14.9.07. Ext.P2 A true copy of the certificate dated 5.3.04 issued by the Vice Chancellor, Bharathiar University. Ext.P3 A true copy of the consolidated Marksheet dated 16.7.2003 for the MSc. Degree examination of the petitioner. Ext.P4 A true copy of the memo No.ST-435/Direct Recct/TTA/07/58 dated 15.11.2007 issued on behalf of the 2nd respondent. Ext.P5 A true copy of the admit card issued to the petitioner by the Mangalore, SSA BSNL. Respondents Exts: Ext.R1(a) True copy of the Recruitment Rules of Telecom Technical Assistance 2001. Ext.R1(b) True copy of the letter dated 5.11.2001 issued by the Assistant Director General BSNL, Delhi. Ext.R1(c) True copy of the letter dated 16.8.07 issued by the Assistant Director General for direct Recruitment in the cadre of TTAs. Ext.R1(d) True copy of the notification issued by Respondent dated 15.9.2007 in Kerala Circle. Ext.R1(e) True copy of the clarification letter dated 25.9.2007 issued by the DGM Administration BSNL, Trivandrum to ADG BSNL. Ext.R1(f) True copy of the clarification dated 12.10.2007 in answer to Exhibit R1(e). Ext.R1(g) True copy of the clarification dated 3.10.2001. P.N.Ravindran, J. ===================== W.P(C).No. 36173 of 2007 ===================== Dated this the 7th day of October, 2008. JUDGMENT The petitioner possesses Master's degree in Applied Science awarded by the Bharathiar University. When the Bharat Sanchar Nigam Limited, hereinafter referred to as the B.S.N.L. for short, invited applications for recruitment to the post of Telecom Technical Assistant, the petitioner applied for the post. The qualifications prescribed for the post of Telecom Technical Assistant are as follows: “3 years Engineering Diploma in Telecom Engineering / Electronics Engineering / Electrical Engineering /Radio Engineering/Computer Engineering/Instrument Technology/ MSc.(Electronics) from a recognized institution /University.” By Ext.P4 memo dated 15.11.2007, the B.S.N.L. informed the petitioner that her application has been rejected as she does not possess the required educational qualifications. This Writ Petition was thereupon filed contending that the rejection of her application for the reason that she does not possess the educational qualifications prescribed for the post is arbitrary and illegal. The petitioner contends that as the respondents have permitted diploma holders in Computer Hardware to take part in the selection process, rejection of her application for the reason that her post graduate degree is in Applied Electronics, is arbitrary and discriminatory. The petitioner contends that the post WP(C) 36173/07 -: 2 :- graduate degree in Electronics which is prescribed as a qualification takes within its fold, a post graduate degree in Applied Electronics as well. The petitioner contends that in the Karnataka Circle, the B.S.N.L. has permitted candidates possessing Master's degree in Applied Electronics to appear for the examination and that the authorities in the Kerala Circle cannot adopt a different standard. 2. The respondents have filed a counter affidavit contending inter alia that M.Sc. in Applied Electronics is not a qualification prescribed for the post. The respondents do not however dispute the positive averment made by the petitioner that in Karnataka Circle, candidates possessing Master's degree in Applied Electronics have been permitted to appear for the examination. 3. I have in W.P.(C) No.36333 of 2007 considered the question whether candidates possessing Master's degree in Electronics are eligible to apply for the post of Telecom Technical Assistant. In the said Writ Petition, it was contended that except in Kohikode Secondary Switching Area in all other Secondary Switching Areas in the State, candidates possessing Master's degree in Electronics Science were permitted to appear for the examination. It was held that the different standard taken in respect of Kozhikode Secondary Switching Area is arbitrary and discriminatory. In the instant case, the petitioner has positively averred that candidates possessing Master's degree in Applied Electronics have been permitted to appear for the examination in Karnataka Circle. The WP(C) 36173/07 -: 3 :- respondents do not dispute the said fact in the counter affidavit. The B.S.N.L., which has its corporate office at Delhi and carries on the same function throughout India cannot adopt different yardsticks in the matter of appointment to the post of Telecom Technical Assistant. Being a public sector undertaking, the respondents are bound to adopt a uniform standard in the matter of recruitment of personnel. 4. I therefore hold that rejection of the petitioner's application on the short ground that she does not possess educational qualifications prescribed for the post, is bad in law and is liable to be set aside. Ext.P4 is accordingly quashed. By reason of the interim orders passed by this Court, the petitioner was permitted to appear for the examination. In the view I have taken, the respondents are directed to publish the results of the examination for which the petitioner appeared and to consider her case for appointment based on the marks secured by her in the examination. The Writ Petition is allowed as above. No costs. P.N.Ravindran, Judge. ess 3/10