The court held that it cannot countenance equivalence between M.Tech branches for qualification purposes and cannot accept new facts late. The petition challenging the rejection due to lack of requisite qualification was dismissed by this court.
No costs. The original petition is dismissed.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941
OP(KAT).No.208 OF 2018(Z)
AGAINST THE ORDER DATED 02-04-2018 IN O.A(EKM)NO.852/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
VANDANA MOHAN A., AGED 27 YEARS, D/O.MADANA MOHANAN PILLAI, THARAMEL KIZHAKKATHIL, EDAVANASSERY, MYNAGAPPALLY P.O, KOLLAM-690519.
BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.S.K.ADHITHYAN SRI.P.MOHANDAS (ERNAKULAM) SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN
RESPONDENTS/RESPONDENTS:
1 THE KERALA PUBLIC SERVICE COMMISSION THULASI HILLS,PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.
3 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
OP(KAT) No.208/2018
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4 THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, KARIAVATTOM, THIRUVANANTHAPURAM-695581.
R1 & R2 BY SRI.P.C.SASIDHARAN, SC, PSC R3 BY SRI.ANTONY MUKKATH, SR. GOVT. PLEADER R4 BY ADV.SRI. THOMAS ABRAHAM
THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 30-08-2019, THE
COURT ON 02-09-2019 DELIVERED THE FOLLOWING:
OP(KAT) No.208/2018
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Judgment
Chitambaresh, J.
1.The Statewide General Recruitment is to the post of Assistant Professor in Electrical and Electronics Engineering (EEE) for which the qualification prescribed is B.E./B.Tech and M.E./M.Tech in relevant branch with first class or equivalent either in B.E./B.Tech or M.E./M.Tech. The petitioner is a B.Tech in Electrical and Electronics Engineering and M.Tech in Optoelectronics - Optical Communication and has of course first class in both as per the pleadings in the case. The contention of the petitioner that Optoelectronics - Optical Communication falls in the category of Electronics Engineering and hence equivalent cannot be countenanced since the equivalency is for the first class like in the grading system.
OP(KAT) No.208/2018
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India Council for Technical Education (AICTE) which is the qualification prescribed in the notification for the general recruitment of Assistant Professor. It is not for the Court to consider whether Optoelectronics - Optical Communication is equivalent to Electrical and Electronics Engineering for the M.Tech course as has been reiterated in Bank of India v. Arya K. Babu [(2019) 3 KLT 802(SC)]).
3.The further contention that yet another candidate by name Resmi A.R. who possessed M.Tech in Power System instead of Electrical and Electronics Engineering was included in the ranked list cannot be countenanced in the absence of pleadings in the original application. New facts cannot be pleaded in the original petition without enabling the parties to join issues before the Tribunal itself especially when this Court exercises only supervisory jurisdiction over the orders passed in the original application. We do not find any error in the order of the Tribunal dismissing the original application filed challenging the rejection of the application of the petitioner by the Public Service Commission on
OP(KAT) No.208/2018
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the ground of lack of requisite qualification.
The original petition is dismissed. No costs.
Sd/-
V. CHITAMBARESH, JUDGE
Sd/-
ASHOK MENON, JUDGE
Sha/300819
OP(KAT) No.208/2018
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APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | TRUE COPY OF THE O.A.(EKM)N0.852/2018 FILED BY THE PETITIONER DATED 27.03.2018 |
|---|---|
| EXT.P2 | TRUE COPY OF THE ORDER DATED 2.4.2018 IN O.A.(EKM)NO.852/2018 |
| EXT.P3 | TRUE COPY OF THE COMMUNICATION NO.GR VII(3)2524/15/GW DATED 18.04.2018 ISSUED BY THE 2ND RESPONDENT |
| EXT.P4 | TRUE COPY OF THE RELEVANT PORTIONS OF THE REGULATIONS IN FULL TEXT PUBLISHED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AS PER NOTIFICATION DATED 28.04.2017. |
RESPONDENTS' EXHIBITS: NIL
3 issues framed by the court
Whether equivalence of M.Tech in Optoelectronics - Optical Communication to M.Tech in Electrical and Electronics Engineering can be countenanced by this Court.
Whether new facts regarding another candidate possessing M.Tech in Power System can be pleaded in the original petition.
Whether the Tribunal committed an error in dismissing the original application challenging the rejection due to lack of requisite qualification.
Colour shows how this judgement treated each authority
Bank of India v. Arya K. BabuReferred¶30
Bank of India v. Arya K. Babu [(2019) 3 KLT 802(SC)]
VANDANA MOHAN A.
THE KERALA PUBLIC SERVICE COMMISSION
SECRETARY KERALA PUBLIC SERVICE COMMISSION
STATE OF KERALA
THE UNIVERSITY OF KERALA
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
