BHAVANI K. Vs. MAYADEVI G. AND ORS.

JUDGEMENT

(1.) Declaration of ineligibility of the petitioner herein, for being appointed as "Vocational Instructor" in the Vocational Higher Secondary Education Department, referring to the absence of notified qualifications prescribed for the post, that too, in a case filed by the 1st and 2nd respondents herein, who could not have been deemed as "aggrieved parties" (in view of the nature of prayers and pleadings raised by them), is sought to be intercepted by filing the present original petition.

(2.) The petitioner herein came across a notification issued by the Public Service Commission, way back in the year 2005, inviting applications for the post in question. The qualification prescribed also contained an alternate qualification and under the firm belief that the petitioner was having the requisite qualification as prescribed by the PSC, application was submitted. The selection process was finalized by the PSC, who published Annexure A -1 rank list in the year 2008, where the petitioner was placed at 'rank No. 1', in the supplementary list for the OBC. The petitioner was waiting for his turn, to be appointed, based on her placement in the list as above.

(3.) While so, some of the candidates challenged the selection process referring to the course pursued by the Public Service Commission, in so far as the PSC wrongly reckoned the post graduate qualification in the concerned subject as an equivalent qualification to have considered and finalized the selection. According to the said applicants, the persons who were already selected and included in the select list, were not having the prescribed/notified qualifications and hence interference was sought for, with regard to the entire selection and rank list. The matter came up for consideration before a learned single Judge of this Court and after hearing both the sides and meticulous analysis of the facts and figures in the light of the binding precedents, Annexure A1 judgment was rendered on 15.12.2008 in W.P.(C). No. 20771/2008 and connected cases whereby, it was held that the challenge raised in respect of the disputed qualification was liable to be upheld. It was accordingly held that the concerned candidates who were already selected and included in the rank list by the PSC on the basis of the disputed qualification, were not eligible to be included in the rank list. It was also observed by the learned single judge that, for that reason, the entire rank list did not require to be set aside and that the concerned persons, who were actually not eligible to be included in the selection list, could be removed from the list and the list containing the names of actually qualified candidates could be given effect to. It was accordingly, that the candidates placed at ranks No. 1,6,7,8 and the person at rank No. 1 of the supplementary rank list in respect of OBC candidates were ordered to be removed and the proceedings were directed to be finalized accordingly.