High CourtsSingle Bench(2010) 06 KL CK 0060

Sibin Paul vs State of Kerala and Kerala Public Service Commission

High Court Of Kerala · Decided on 3 June 2010

HON’BLE JUDGES
Antony Dominic, J
RESULT
Dismissed
CASE NUMBER
WP (C) . No. 28243 of 2008 (K)

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Judgment

4 paragraphs · 359 words

Antony Dominic, J.—PSC invited applications to the post of Surveyor Grade II in the Survey and Land Records Subordinate Service. The qualification for the post as has been prescribed in the Special Rules are pass in SSLC examination and pass in Surveying and Levelling (Higher MGTE or KGTE with Chain Survey Test). Petitioner possesses pass in SSLC and a certificate in KGCE in Civil. He applied for the post, he was called for written test and on passing the examination, he was called for certificate verification. He produced the certificates, but however, holding that the petitioner is unqualified for the post, his candidature was rejected. It was thereupon that the writ petition is filed.

2.

Petitioner accepts that in terms of the Special Rules, the qualification prescribed is pass in KGTE, and that what he possesses is SSLC with KGCE in Civil Engineering. However, counsel for the petitioner relies on Exts.P2, P11 and P12. Ext.P2 is an order issued by the 1st respondent after consultation with the PSC to recognise KGCE as equivalent for posts for which KGTE has been prescribed. Counsel contends that since the qualification which he possess has been recognised as an equivalent qualification, he is entitled to be treated as a candidate eligible for the post in question.

3.

However, a reading of Ext.P2 shows that the Government after consultation with PSC have recognised KGCE in Engineering (in Civil, Mechanical, Electrical and Automobile) as equivalent qualification for the posts for which KGTE "in the respective groups" are prescribed. Ext.P6 information obtained by the petitioner invoking the provisions of the Right to Information Act itself show that one of the discipline of KGTE is Surveying and Levelling. Therefore, Ext.P2 only equates KGCE in Civil Engineering, Mechanical Engineering, Electrical Engineering and Automobile Engineering as equivalent to KGTE in the respective groups alone and such equation of qualification does not extend to the group "surveying and levelling". If that be the case, evidently, petitioner does not satisfy the qualification prescribed for the post of Surveryor Grade II. If so, the PSC cannot be faulted for rejecting his application holding him as unqualified.

Writ petition fails and is dismissed.