IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5381 of 2009(P)
1. REKHA.K.J., AGED 32, W/O.T.V.JAGADEESHAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KERALA PUBLIC SERVICE COMMISSION,
3. KERALA PUBLIC SERVICE COMMISSION,
4. JOINT CONTROLLER OF TECHNICAL
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/02/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.5381 OF 2009
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Dated this the 18th day of February 2009
JUDGMENT
The petitioner was an applicant for appointment to the post
of Vocational Instructor – Accountancy and Auditing, a post borne
in the Kerala Vocational Higher Secondary Education Subordinate
Service. She possesses besides B.Sc Degree in Botany, Diploma in
Shorthand and Typewriting (2 year course) awarded by the Board
of Technical Examinations, Government of Kerala. By Ext.P3 letter
dated 12.11.2008, the Kerala Public Service Commission,
hereinafter referred to as the “Commission” for short, rejected the
petitioner’s application on the ground that she does not possess
the qualification prescribed for the post of Vocational Instructor –
Accountancy and Auditing. Hence this Writ Petition.
2. The qualifications prescribed for the post of Vocational
Instructor – Accountancy and Auditing in the Special Rules for the
Kerala Vocational Higher Secondary Education Subordinate Service
are as follows:-
W.P.(C)No.5381 of 2009 2
Accountancy and Auditing By promotion A Degree from any of the
By transfer and by direct Universities in Kerala or
recruitment equivalent and 3 year
Diploma in Commercial
Practice from the Board of
Technical Examinations,
Kerala or an equivalent
qualification;
OR
B.Com. or B.Sc. Degree
with Co-operation and
Banking of the
Agricultural University,
Kerala or equivalent;
OR
A pass in Vocational
Higher Secondary Course
in any Commerce Group
conducted by Government
of Kerala or its equivalent
with Degree in any of the
subject awarded by any of
the Universities in Kerala
or an equivalent
qualification.
3. The petitioner does not admittedly possess a 3 year Diploma
in Commercial Practice from the Board of Technical Examinations,
Kerala or any qualification equivalent to the 3 year Diploma in
Commercial Practice. She also does not possess the first set of
alternate qualifications. The petitioner contends relying on the
third alternate set of qualifications that as the Government have
in Ext.P5 Government order dated 21.2.1987 recognized the Final
Diploma Examination in Shorthand and Typewriting conducted in
W.P.(C)No.5381 of 2009 3
Government Commercial Institutes as equivalent to KGTE (Higher
Grade) in Typewriting (English) and Shorthand (English) and as the
Government have in Ext.P4 order dated 14.5.2007, recognized a
pass in the Vocational Higher Secondary (Office Secretaryship)
course as equivalent to KGTE (Higher Grade) in Typewriting
(English), she is qualified to be appointed and therefore the
Commission erred in rejecting her application.
4. The petitioner has not admittedly passed the Vocational
Higher Secondary Course in any Commerce Group conducted by
the Government of Kerala. Her endeavour is to show that she
possesses an equivalent qualification and as she is admittedly a
graduate in Botany, she is qualified for the post, going by the
third alternate set of qualifications prescribed for the post. By
Ext.P5 order dated 21.2.1987, the Government of Kerala ordered
that the Preliminary Diploma Examination in Shorthand and
Typewriting conducted in Government Commercial Institutes will
be treated as equivalent to KGTE (Lower) in Typewriting and
Shorthand (English). The Government also ordered that the Final
Diploma Examination in Shorthand and Typewriting conducted in
Government Commercial Institutes will be treated as equivalent to
KGTE (Higher) in Typewriting and Shorthand (English). By Ext.P4
order dated 14.5.2007, the Government also ordered that a pass
W.P.(C)No.5381 of 2009 4
in the Vocational Higher Secondary (Office Secretaryship) Course
will be treated as equivalent to KGTE (Higher) in Typewriting
(English).
5. Going by Ext.P5, all that can be said is that the Diploma
awarded to the petitioner evidenced by Ext.P1 can be treated as
equivalent to KGTE (Higher) in Typewriting (English). That by itself
would not equate the qualification which she possesses to a pass
in the Vocational Higher Secondary course in any Commerce
Group. By Ext.P4, the Government only ordered that a pass in the
Vocational Higher Secondary (Office Secretaryship) Course will be
equivalent to KGTE (Higher) in Typewriting (English). The post of
Vocational Instructor in Accountancy and Auditing is category
No.2 (34) in the Special Rules for the Kerala Vocational Higher
Secondary Education Subordinate Service. The post of Vocational
Instructor (Office Secretaryship) is category No.2 (33) in the said
special rules. Therefore the posts are different and distinct. The
post for which the petitioner had applied is Vocational Instructor
in Accountancy and Auditing. Going by Ext.P4, all that the
petitioner can claim is that a pass in Vocational Higher Secondary
(Office Secretaryship) course is equivalent to KGTE (Higher) in
Typewriting (English). Even if the converse is also true, though it is
not necessary to finally pronounce upon that aspect in this Writ
W.P.(C)No.5381 of 2009 5
Petition, it would at best only make the petitioner eligible to
apply for the post of Vocational Instructor in Office Secretaryship
and not in Accountancy and Auditing. Therefore, the stand taken
by the Commission in Ext.P5 cannot be said to be arbitrary or
illegal.
For the reasons stated above, I hold that there is no merit in
this Writ Petition. The Writ Petition fails and is accordingly
dismissed. No costs.
P.N.RAVINDRAN, JUDGE
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