IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1032 of 2007(W)
1. T.RAJESH, LAB ASSISTANT (M.R.R.T.V),
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DIRECTOR,
3. SMSN VOCATIONAL HIGHER SECONDARY
For Petitioner :SRI.T.A.SHAJI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/10/2007
O R D E R
S.SIRI JAGAN,J
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W.P.(C).No.1032 of 2007
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Dated this the 30th day of October, 2007
JUDGMENT
The petitioner was appointed as Lab Assistant (MRRTV) in
the 3rd respondent’s school which is an aided school. Such
appointment has not been approved yet on the ground that the
petitioner does not possess the prescribed qualifications.
Special Rules in aided Vocational Higher Secondary Sector has
not been promulgated so far. By Ext.R2(a) dated 01.03.2004
Government directed that the draft special rules as approved by
Public Service Commission is made applicable to aided sector
also. As per the draft rules the qualification prescribed for Lab
Assistant is pass in V.H.S.E Course in the concerned branch or
equivalent qualification. The petitioner would submit that pass
in ITI and ITC are equivalent to pass in V.H.S.E course. In
support of the same, the petitioner relies on Exts.P4, P5 and P9.
Ext.P4 is the recommendation from the Director of V.H.S.E to
the Government recommending the case of the petitioner for
approval of appointment, considering his qualifications as
equivalent to V.H.S.E. Ext.P5 is the query from the Director to
W.P.(C).No.1032/2007
2
the Government as to whether ITC can be regarded as equivalent
to V.H.S.E. In Ext.P9 the Government has held that seven
V.H.S.E courses will be treated as alternative qualifications for
the selection to the posts in which K.G.T.E, KGCE,ITI and NCVT
are the prescribed qualifications. One of the courses is
Maintenance and Repairs of Radio and Television(MRRTV). The
petitioner would contend that if pass in V.H.S.E can be treated
as alternative qualification for ITI which is equivalent to ITC,
ITC can also be treated as alternative qualification for the
selection to the post for which V.H.S.E is the prescribed
qualification.
2. The learned Government Pleader with the help of the
counter affidavit disputes the contentions of the petitioner.
According to the Government Pleader there is no Government
Order recognising ITC or ITI as equivalent to V.H.S.E.
3. After hearing both sides I am of the opinion that in
view of Exts.P4, P5 and P9, the Government should address itself
as to the question whether pass in ITI or ITC can be considered
as equivalent to pass in V.H.S.E. Orders in this regard shall be
W.P.(C).No.1032/2007
3
passed within two months from the date of receipt of a copy of
this judgment. The question approval of the petitioner’s
appointment as Lab Assistant shall be considered on the basis of
the orders to be passed by the Government as directed above.
The writ petition is disposed of as above.
S.SIRI JAGAN, JUDGE
dvs