RITHUL MOHAN.T.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in both the Original Petitions are persons who were included in List-II of the Main List for appointment to the post of Junior Geophysicist in the Ground Water Department. The qualification required for a Junior Geophysicist, as prescribed in the notification, was a Masters Degree in Geophysics with not less than 50% marks. In the absence of candidates with the above qualification, Masters Degree in any branch of Physics with not less than 50% marks could also be considered. It is hence there were two main lists, one with candidates of the required qualification and the other with candidates of the alternate qualification; the latter of whom can get appointment only on sufficient persons not being available with the required qualification. By reference to required qualification, in this judgment, we refer to the Masters qualification in Geophysics, as stipulated in the notification.

(2.) In the initial short list published there were none in List I of the main list there being a total absence of candidates with Masters in Geophysics. Later to that before the interview there was a publication of a separate List-I with candidates included there. The petitioners challenged the same on coming to know that the persons included in List-I were persons alleged to have equivalent qualification of Masters Degree in Geophysics ie: in Marine Geophysics. There was no stipulation in the notification for consideration of such equivalent qualification and there could be no change made by the recruiting agency after the selection process has commenced, was the specific contention.

(3.) The Tribunal accepted the contention of the recruiting agency, the Kerala Public Service Commission ['PSC' for brevity] that equivalence was one mandated by Annexure A5 judgment. It was found that there was also a Circular issued by the PSC, marked as Annexure R4(m) dated 11.07.2003, which mandated that "applications of candidates who possess qualification equivalent to the prescribed ones declared as equivalent by executive orders or standing orders will be admitted irrespective of the fact whether acceptance of equivalent qualification is provided for in the notification or not". The Tribunal found that Annexure A5 judgment is binding on the PSC and that the failure to mention M.Sc Marine Geophysics as one equivalent to M.Sc. Geophysics in Annexure A1 would not vitiate the selection. The decision in K.P.S.C. v. V.V.Vivina & Ors. [2009 (2) KLT 161] relied on by the petitioners was also found to have no application in the teeth of Annexure R4(m) Circular.