Dismissed
A.K.Anand v. Kerala Public Service Commission
Kerala HCWP(C)/21661/2011
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from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933
WP(C).No. 21661 of 2011(G)
--------------------------
PETITIONERS:
MUTTANNUR, PATTANOOR P.O., KANNUR-670 595.
BY ADV. SRI.P.M.PAREETH
RESPONDENTS:
REP. BY SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED
30.09.2011 IN IA.15431/2011)
R1 AND R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY BY GOVERNMENT PLEADER ADV. E.M. ABDUL KHADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON J.
W.P (C) No . 21661 OF 2011
Dated, this the 31st October, 2011
J U D G M E N T
The petitioners have approached this Court with the
following prayers:
“1. A writ of certiorari or other appropriate writ, direction or order calling for the records leading Ext.P7, P7(a) and P7(b) and quash the same.
2. A declaration to the effect that the qualification possessed by the petitioners as evident from Ext.P4 series of degree certificates eminently satisfies the requirements in regard to qualification in the Ext.P1 notification and in view of the absence of the provision for acceptance of equivalent qualifications in the Ext. P2 Special rules, no equivalency orders can be issued by the Government under Rule 10(a) (ii) of KS & SSR Part II and the insistence of the second respondent on the petitioners to produce orders stating that the qualification possessed by them is equivalent to
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qualification notified in the Ext. P1 is illegal and arbitrary and undertaking obtained from the petitioners on the date of interview to that effect is abinitio void.
3. A writ of mandamus or other appropriate writ direction or order commanding the respondents to include the petitioners in the final ranked list of forest ranger to be published on the basis of the interview conducted on 21.07.11 if they are found otherwise eligible without insisting for orders from Government mentioned in Ext.P7 series.
4. To grant cost
5. To grant such other reliefs this Hon'ble Court deem fit and proper in the facts and circumstances of the case.
2. The learned Standing Counsel for the PSC submits
that the PSC has filed an affidavit pointing out that the B.Sc. (Forestry) Course, which is the notified qualification, is a 'four year' professional degree course, whereas the qualification possessed by the petitioner is B.Sc. (Forestry and Wood Technology) of Kannur University, which is an ordinary
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degree course of 'three year' duration. It is further stated that, the courses and curriculam are entirely different and distinct. That apart, though the petitioners were asked to produce the equivalency certificate, they failed to produce the same and hence their claim is not liable to be entertained, submits the learned Counsel.
Permission sought for is granted. The writ petition is dismissed as withdrawn.
P. R. RAMACHANDRA MENON, JUDGE
lk
W.P (C) No . 21661 OF 2011
4
A.K. Anand and Others
Kerala Public Service Commission
State of Kerala
P. R. Ramachandra Menon
As recorded by the court registry
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