IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 14536 of 2007(E)
1. S.B.SYAMKUMAR, CASHIER,
... Petitioner
Vs
1. STATE CO-OPERATIVE UNION KERALA,
... Respondent
2. CO-OPERATIVE TRAINING CENTRE,
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :07/06/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No.14536 OF 2007
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Dated this the 7th day of June, 2007
JUDGMENT
Case of the petitioner in brief is as follows:
Petitioner is working as Cashier in Nedumangad
Co-operative Urban Bank. He was originally appointed as peon in
the bank under the dying-in-harness scheme consequent on the
death of his father. He is having 24 years and 8 months service.
He passed the secondary certificate course conducted by the Ana
Technological University. Ext.P1 is the certificate issued by the
Anna Technological University. Ext.P2 is the communication
issued by the Government of India under the Ministry of Human
Resources Development which reads as follows:
” I am directed to your letter no ATU/04/1524
dated 7th Jan 04, regarding Reorganisation of
Degree/Diploma/Certificates issued by Anna
Technological University, Raipur ( Chhattisgarh). It
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is to say that Degree/Diploma/Certificates & Pre-
University ( 10th & 10+2) Courses awarded by a
University for which it is recognised or authorised as
reacquired by any law does not require any separate
recognition.
Your University being established under State
Act( Chhattisgarh notified by Gazette notification no
E-73-212/03/HE/38 dated 10/10/2003 under
Chhattisgarh Niji Ksheatra Vishawavidalaya
( Sthapana and Viniyaman) Adhiniyam 2002 ( No-2
of 2002). Degree/Diploma/Certificate including
pre-university ( 10th & 10+2) courses issued by Anna
Technological University Raipur ( Chhattisgarh)
stands automatically recognised for the purpose of
employment under Central/State Government, for
Higher Studies in India and Abroad.
2. Case of the petitioner is that the first respondent
established by the Government of Kerala is a statutory entity
imparting training in various courses. It invited application for
admission to Junior Diploma in Co-operation, known as JDC for
the course commencing in June 2007. Basic qualification for being
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admitted in the course is SSLC or equivalent. According to the
petitioner, the qualification which the petitioner possesses is
equivalent to SSLC.
3. In the statement filed on behalf of the first respondent.
it is stated as follows:
” The petitioner is working as cashier in
Nedumangad Co-operative Urban Bank Ltd. No.
3193. The first respondent invited applications for
admission to JDC course commencing in June, 2007.
The minimum qualification required for admission to
the JDC course is SSLC. The qualification of the
petitioner is secondary certificate course from Anna
Technology University, Raipur. The 2nd respondent is
identical matter have referred the same to the Director
of Public Instruction, Kerala for obtaining
clarification whether the secondary certificate course
from Anna Technology is equivalent to SSLC issued
by Government of Kerala. It is submitted on behalf of
this respondent that Raipur Anna Technological
University is not included in the records in the office
relating to the equivalency certificate. Hence it is
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prayed that the petitioner is not entitled to any reliefs
sought in the writ petition.”
4. I heard the learned counsel for the petitioner and the
learned counsel for the first respondent also.
5. Learned counsel for the petitioner submits that it is a
hard case where petitioner has been working since 1982 and
persons even with one year service are being admitted to the
course. He submits that having regard to the terms in Ext.P2 there
cannot be any doubt that the qualification possessed by the
petitioner must be treated as equivalent to SSLC. Learned counsel
for the first respondent reiterates the contention taken in the
statement.
What is stated in Ext.P2 is only that the certificate issued by
the Anna Technological University stands automatically
recognised for the purpose of employment under the Central/State
Government and higher studies in India and Abroad. Admittedly
petitioner does not have SSLC and he can claim admission only if
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he possesses a qualification which is treated as equivalent. Going
by Ext.P2 all that it says is that the certificate ( Ext.P1) possessed
by the petitioner is to be recognised for the purpose of
employment and higher studies. It cannot be relied upon to
establish that the certificate possessed by the petitioner is
equivalent to SSLC qualification. They are two different concepts
in my view. If that be so, much as I may sympathise with the
condition of the petitioner, I feel myself disabled by the
requirement for admission to the course. Even though learned
counsel for the petitioner would submit that Ext.P2 was not
considered by respondents, I feel that no purpose will be served by
directing that the matter to be looked into by the respondents. Writ
petition fails and it is dismissed.
K.M.JOSEPH
JUDGE
sv.
WPC No.14536/07 6