The High Court of Kerala dismissed a writ petition filed by a candidate challenging the Kerala Public Service Commission's rejection of her application for the post of Vocational Instructor - Accountancy and Auditing due to lack of prescribed qualifications.
Writ petition dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930
WP(C).No. 5381 of 2009(P) -----------------------------------
PETITIONER(S):
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REKHA.K.J., AGED 32, W/O.T.V.JAGADEESHAN THAYVALAPPIL HOUSE, POOVATHUR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV. MR.RAJIT
MR.RANJIT BABU
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.
2. KERALA PUBLIC SERVICE COMMISSION, HEAD OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY.
3. KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOZHIKODE, REPRESENTED BY THE SECRETARY.
4. JOINT CONTROLLER OF TECHNICAL EXAMINATION, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM.
GOVERNMENT PLEADER MR.A.J.VARGHESE BY AD. MR.ALEXANDER THOMAS, SC , KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN, J.
====================================== W.P.(C)No.5381 OF 2009
====================================== Dated this the 18th day of February 2009
JUDGMENT
The petitioner was an applicant for appointment to the post of Vocational Instructor - Accountancy and Auditing, a post borne in the Kerala Vocational Higher Secondary Education Subordinate Service. She possesses besides B.Sc Degree in Botany, Diploma in Shorthand and Typewriting (2 year course) awarded by the Board of Technical Examinations, Government of Kerala. By Ext.P3 letter dated 12.11.2008, the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, rejected the petitioner's application on the ground that she does not possess the qualification prescribed for the post of Vocational Instructor - Accountancy and Auditing. Hence this Writ Petition.
W.P.(C)No.5381 of 2009 2
| _Accountancy and Auditing _ | By promotion By transfer and by direct recruitment |
A Degree from any of the Universities in Kerala or equivalent and 3 year Diploma in Commercial Practice from the Board of Technical Examinations, Kerala or an equivalent qualification; |
|---|---|---|
| OR | ||
| B.Com. or B.Sc. Degree with Co-operation and Banking of the Agricultural University, Kerala or equivalent; |
||
| OR | ||
| A pass in Vocational Higher Secondary Course in any Commerce Group conducted by Government of Kerala or its equivalent with Degree in any of the subject awarded by any of the Universities in Kerala or an equivalent qualification. |
in Commercial Practice from the Board of Technical Examinations, Kerala or any qualification equivalent to the 3 year Diploma in Commercial Practice. She also does not possess the first set of alternate qualifications. The petitioner contends relying on the third alternate set of qualifications that as the Government have in Ext.P5 Government order dated 21.2.1987 recognized the Final Diploma Examination in Shorthand and Typewriting conducted in
W.P.(C)No.5381 of 2009 3
Government Commercial Institutes as equivalent to KGTE (Higher Grade) in Typewriting (English) and Shorthand (English) and as the Government have in Ext.P4 order dated 14.5.2007, recognized a pass in the Vocational Higher Secondary (Office Secretaryship) course as equivalent to KGTE (Higher Grade) in Typewriting (English), she is qualified to be appointed and therefore the Commission erred in rejecting her application.
W.P.(C)No.5381 of 2009 4
in the Vocational Higher Secondary (Office Secretaryship) Course will be treated as equivalent to KGTE (Higher) in Typewriting (English).
W.P.(C)No.5381 of 2009 5
Petition, it would at best only make the petitioner eligible to apply for the post of Vocational Instructor in Office Secretaryship and not in Accountancy and Auditing. Therefore, the stand taken by the Commission in Ext.P5 cannot be said to be arbitrary or illegal.
For the reasons stated above, I hold that there is no merit in this Writ Petition. The Writ Petition fails and is accordingly dismissed. No costs.
P.N.RAVINDRAN, JUDGE
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2 issues framed by the court
Whether the petitioner holding a Diploma in Shorthand and Typewriting is qualified to apply for the post of Vocational Instructor - Accountancy and Auditing without possessing the prescribed qualifica
Whether government orders recognizing certain diplomas as equivalent to KGTE qualifications entitle the petitioner to the post of Vocational Instructor in Accountancy and Auditing.
Rekha.K.J.
State of Kerala Represented by Secretary Ministry of Vocational Higher Secondary Education
Kerala Public Service Commission Head Office
Kerala Public Service Commission Regional Office Kozhikode
Joint Controller of Technical Examination Department of Technical Education
P.N. Ravindran
As recorded by the court registry
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