IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 OP.No. 12682 of 1998(I) ----------------------- PETITIONER(S): --------------- 1. MRS. INDOU N, ST.C.NO. 27/2025, 'SREERANGAM', CHIRAKULAM ROAD, TRIVANDRUM-1. 2. MRS. MINI V, T.C.NO. 19/1000, 'SREEVALSOM', THAMALAM, POOJAPPURA P.O., TRIVANDRUM-12 BY ADV. SRI.DEVAN RAMACHANDRAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUOTHI BHAVAN, PATTOM, TRIVANDRUM, REP. BY ITS SECRETARY. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM, REP. BY ITS SECRETARY. ADV. SRI.C.RAGHAVAN, SC, KSEB SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R1 SRI. C.K. KARUNAKARAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 12682/1998. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF RELEVANT PORTION OF NOTIFICATION DT. 5-11-1991. EXT.P2 RELEVANT PORTION OF THE NOTIFICATION DT. 2-4-1997. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 12682 of 1998 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th April, 2009. J U D G M E N T Petitioners are applicants for the post of Overseer (Civil) in the Kerala State Electricity Board pursuant to Ext. P1 notification issued by the Public Service Commission. The qualifications prescribed for the post were: (a) S.M.T. (Sri. Mulam Technical Institute) Overseer's certificate (2 years course) OR (b) Draftsman's certificate, College of Engineering, Guindy. OR (c) Group certificate under K.G.T.E. or M.G.T.E covering all the four groups viz. Building Drawing, Building Construction, Surveying and Levelling and Irrigation. OR A pass in eight subjects viz., (1) Surveying and Levelling (Higher) (2) Applied Mechanics (Higher) (3) Building Materials and Construction (Higher) (4) Building Drawing and Estimating (Higher) (5) Hydraulics and Irrigation (Higher) (6) Earthwork and Roadmaking (Higher) (7) Geometrical Drawing (Lower) (8) Mensuration (Lower) OR (d) A pass in the certificate course of the College of Engineering, Guindy. OR (e) Draftsman (Civil) or Draftsman (Mechanical) Diploma obtained after 18 months course followed by six months O.P. No. 12682/1998 -: 2 :- practical training at the ITC conducted by Government of India. OR (f) Pass in Overseers course conducted by State Government. OR (g) A pass in Survey Trade Test (III). The petitioners' contention is that the 1st petitioner is a B.Tech. Degree holder in Civil Branch and the 2nd petitioner is a Diploma Holder in Civil Engineering. According to them, both of them have, for obtaining their degree and diploma respectively, passed the eight subjects mentioned in the alternate qualification in qualification No. (c) in Ext. P 1. According to them, therefore, they are fully qualified for the post. Despite the same, the petitioners having not been called for interview, they have filed this original petition seeking the following reliefs: “a) Declare that the petitioners are qualified to be appointed as Overseer (Civil) under the 1st respondent Board and, therefore, that they are eligible to be called for the interview by the 2nd respondent Commission. b) Issue an interim direction to the 2nd respondent to include the name of the petitioners in the list of candidates eligible for interview to the post of Overseer (Civil) under the 1st respondent Board and to permit the petitioners to participate in the interview, pending disposal of the above O.P.” 2. The Public Service Commission has filed a counter affidavit in which the fact that the petitioners possess higher qualification in the particular subject is not disputed. The only contention therein is that since on the higher qualification the petitioners have better chances to apply for higher posts, which require Bachelor's degree O.P. No. 12682/1998 -: 3 :- qualification, it has been decided by the Commission that those higher qualification cannot be treated as equivalent qualification prescribed in the notification. The Electricity Board would say that it is for the Public Service Commission to decide the equivalence of the qualification and the Board has nothing to do with the same. 3. At the time of admission, an interim order was passed to the following effect on 8-7-1998: “SC for the Electricity Board takes notice for R1 and SC for Public Service Commission takes notice for R2. The 2nd respondent is directed to allow the petitioner to appear for the interview for selection to the post of Overseer (Civil) under the first respondent on the basis of his inclusion in Ext. P2 list. The petitioner's appearance in the interview will be subject to further orders from this Court.” More than ten years have elapsed. Counsel on both sides are unable to tell me as to what happened in the meanwhile. Most probably, the petitioners may not have been qualified to be included in the list prepared by the Public Service Commission or they may not have been within a rank sufficient to be advised taking into account the vacancies which arose. 4. The Public Service Commission has no case that the higher qualification is a disqualification for applying to the post. When the subjects mentioned in alternate qualification No. (c) have been passed by the petitioners for their degree or their diploma, I am of opinion that that should be considered as equivalent to the qualification prescribed. In the above circumstances, I dispose of this original petition directing that if pursuant to the interim order the petitioners have been interviewed and have become eligible to be included in the O.P. No. 12682/1998 -: 4 :- list, they shall be so included and they shall be advised as per their turn, if not already done. Sd/- S. Siri Jagan, Judge. Tds/