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Binesh.E. vs The Kerala Public Service … on 4 July, 2006

Kerala High Court
Binesh.E. vs The Kerala Public Service … on 4 July, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15630 of 2006(I)


1. BINESH.E. S/O.BHASKARAN NAIR,
                      ...  Petitioner
2. RTHEESH.K. S/O.THEYYUTTY.K.
3. KISHORE M.V. S/O.NARAYANA WARRIER,

                        Vs



1. THE KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.BENOY THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :04/07/2006

 O R D E R
                                  A.K. Basheer, J.
                           - - - - - - - - - - - - - - - - - - -
                         W.P(C) NO.  15630 of  2006
                           - - - - - - - - - - - - - - - - - - -
                    Dated this the 4th day of July , 2006.
                                J U D G M E N T

The short question that arises for consideration in this writ

petition is whether the Kerala Public Service Commission (for short,

the Commission) is justified in awarding weightage for marks

obtained by the candidates in their Masters’ Degree examination while

they are being considered for selection to the post of Higher

Secondary School Teachers in Vocational Higher Secondary Schools.

The other issue is whether awarding of more than 20% of the marks

in the written examination for interview is justifiable?

2. Petitioners had responded to Exts.P1 and P1(a) notifications

issued by the Commission inviting applications from eligible

candidates for appointment to the post of Higher Secondary School

Teacher (Senior and Junior) and also Non Vocational Teachers in

Vocational Higher Secondary Schools. According to the petitioners,

they have obtained more than 50% marks in their Master’s Degree

examination. They have also obtained other requisite qualifications.

But it is contended by the petitioners that the Commission is not

justified in awarding weightage for the marks obtained by the

candidates in the Master’s Degree examination, while making selection

to the above posts.

3. It is submitted by the petitioners that those candidates who

WP.15630/06 2

have obtained 85% or more marks in the Masters’ Degree examination

are awarded 50 marks as weightage. Weightage is granted in

decreasing order depending on the marks obtained by the candidates.

This, according to the petitioners, is highly arbitrary, illegal and

violative of Article 14 of the Constitution of India.

4. Yet another contention raised by the petitioners is that the

Commission is not justified in awarding 30% marks for the interview.

Only 20% marks could have been set apart for interview.

Learned Standing Counsel for the Commission submits that the

issue is squarely covered against the petitioner in the decision rendered

by a Division Bench of this Court in Mohan v. Public Service

Commission (1994 (2) KLT 585) and several other judgments viz.,

W.P.Nos.178/2005, OP.11079/1999 and W.P.26618/2005 etc.

6. Obviously the weightage that the petitioners got on the basis

of the marks obtained by them in their Masters’ Degree examination

might have been less. Petitioners do not have a case that they have

been denied weightage. But their grievance is that other candidates

who obtained higher marks in their Post Graduate examination were

given more weightage. Understandably those candidates who secured

more marks will definitely get a higher weightage. Petitioners cannot

grudge that. Significantly petitioners do not have a case that they have

been denied weightage at all. Similarly, marks fixed for interview for

all candidates is admittedly uniform. In that view of the matter, the

contentions raised by the petitioners are totally misconceived and

untenable.

There is no merit in the writ petition. It is accordingly dismissed.

WP.15630/06    3





                    A.K. Basheer
                        Judge.
an.


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