IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WA.No. 1652 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.28450/2005 Dated 09/07/2008 .................... APPELLANT(S): RESPONDENTS -------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM 2. DISTRICT COLLECTOR, COLLECTORATE THRISSUR 680 003 3. DIRECTOR OF SURVEY & LAND RECORDS THIRUVANANTHAPURAM. 4. THE DIRECTOR OF EMPLOYMENT THYCAUD, THIRUVANANTHAPURAM 5. THE DEPUTY DIRECTOR SURVEY & LAND RECORDS THRISSUR 680 003 6. THE DIVISIONAL EMPLOYMENT OFFICER THRISSUR 680 003 7. THE EMPLOYMENT OFFICER TOWN EMPLOYMENT EXCHANGE, IRINJALAKUDA THRISSUR 680 121 BY GOVERNMENT PLEADER SHRI K.SANDESH RAJA RESPONDENT(S): PETITIONER --------------- SMITHA C.M., KOOTHATTU HOUSE, CHIRANGARA, KORATTI EAST P.O., THRISSUR 680 308. ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.1652 of 2008 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Koshy, J. Respondent/petitioner is a physically handicapped person. She is a Diploma holder in Civil Engineering. She has registered with the 7th respondent -Employment Officer. When the District Collector invited applications for appointment to ten posts of Draftsman Gr.II in the Survey and Land Records Department from physically handicapped persons, she submitted an application. Respondent was called for the interview. But she was not considered for selection on the ground that she does not possess the prescribed qualification. The prescribed qualification was as follows:- “(1) A pass in S.S.L.C. examination or possession of any of the other equivalent qualification specified in the Schedule to Part II of the General Rules.. (2) Must possess:- (i) I.T.I. (Surveyor Trade) Certificate introduced with effect from the year 1966; or WA No.1652/2008 2 (ii) The I.T.I. (Surveyor Trade) Certificate issued prior to the year 1966 and satisfactorily completed six months inplant training according to the rules approved by the Board of Revenue in this regard; or (iii) A pass in Surveying and Levelling (Higher) M.G.T.E. or K.G.T.E. with Chain Survey Test; or (iv) Experience in Military service for a period of six years in Surveyor Trade; Provided that in the absence of candidates with technical qualifications mentioned above, a pass in Higher Chain Survey Test shall be deemed sufficient: provided further that in the absence of candidate with any of the technical qualifications mentioned above, a pass in Chain Survey Test shall be deemed sufficient.” WA No.1652/2008 3 During the relevant time Public Service Commission was accepting Diploma in Civil Engineering as sufficient qualification for Draftsman in Survey and Land Records Department and appointments were made. No other qualified person applied for filling up the posts earmarked for the physically handicapped persons. Respondent alone approached this Court. Respondent filed Ext.P7, representation pointing out that the Public Service Commission is accepting Diploma in Civil Engineering as sufficient qualification and since she is having a higher qualification, she ought to have been appointed. On the facts of the case learned Single Judge took a sympathetic view and directed the 7th respondent to sponsor the name of the respondent/petitioner for appointment to the post and second respondent was directed to include the name of the petitioner and others in the selection process. On the basis of that, Ext.P3 requisition was again sent to the Employment Officer. Judgment was dated 9.7.2007. As per the judgment the selection process has to be completed within three months from the date of production of a copy of the judgment. Judgment was received by the appellants on 27.7.2007. Therefore, the direction in the judgment ought to have been complied with within three months from 27.7.2007 but, it was not complied with. Extension of time was sought for. Time sought for was granted. But the direction was not complied with within that time also. A Contempt of Court Case was filed by the respondent/petitioner. Thereafter appeal was filed by the appellants/respondents with a delay condonation petition. Now the contention WA No.1652/2008 4 of the appellants is that by judgment dated 26.6.2008 in W.A.No.2250 of 2007 and connected cases a Division Bench of this Court in which one of us (Koshy, J.) was a party, reversed the judgment of a learned Single Judge in a similar case holding that on the basis of the prescribed qualifications Diploma/Degree holders in Civil Engineering cannot apply to the post of Surveyor Gr.II. (Sunil v. Public Service Commission (2008(3) KLT 384). In view of the qualification prescribed under Special Rules, Diploma/Degree holders have got several other avenues of appointment. It was also held that it cannot be stated that I.T.I. Certificate in Surveyor Trade or the qualification mentioned in the notification is not necessary to obtain Degree or Diploma in Civil Engineering and therefore, Diploma is not a higher qualification. On the basis of that, respondent/petitioner does not possess the required qualification. Respondent submitted that she passed the Chain Survey Test (Lower) which is one of the qualifications prescribed for the post in January, 2005. The certificate (Ext.P8) to that effect was issued only on 2.3.2006. By delaying compliance with the direction in the judgment, appellants cannot take the advantage. No qualified physically handicapped persons are available for appointment when the vacancies are notified. In any event though delayed, by that time the respondent has acquired the prescribed qualification also. From the facts of this case, we are of the opinion that the respondent/petitioner ought to have been appointed. Therefore, appellants are directed to appoint the respondent as Draftsman Gr.II in the WA No.1652/2008 5 Survey and Land Records Department within one month from today. In the above circumstances, we see no reason to interfere with the judgment of the learned Single Judge even considering the subsequent facts. Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks