MUKESH Vs. STATE OF KERALA

JUDGEMENT

(1.) All these four Writ Appeals arise from the judgment in W.P. (C)No.36370/05 filed by the appellant in W.A.No. 1261/06, who will be, hereinafter, described as the petitioner. The learned single Judge, allowing the Writ Petition in part, granted the prayer of the petitioner to exclude candidates, with degree in Sociology, from Annexure I ranked list, produced in W.A.No. 1236/06, drawn up by the Public Service Commission (PSC), for appointment to the post of Welfare Officer Grade II (Jails) in the Prisons Department. The controversy raised in the Writ Petition was whether, in the light of the stipulation of the qualifications as contained in Ext. Pl notification, candidates with degree in Sociology ought to have been included in the ranked list or not. The learned single Judge found that such candidates could not have been included in the ranked list. But, in the wake of the decision of the PSC, considering degree in Sociology as an equivalent qualification to a degree in Social Work or in Social Service, the learned single Judge enabled them to issue an erratum notification to render equality of opportunity to all those who would have, in such case, responded to the notification, but for the unawareness of such decision of the PSC, and to conduct a fresh selection. The petitioner has filed the Writ Appeal aggrieved by that part of the direction.

(2.) Rank No. 1 in Annexure I ranked list, who was an MSW degree holder, was not a party to the Writ Petition. In case the PSC accepts the said part of the direction, her appointment might be at stake. Therefore, aggrieved by that direction she, along with another similarly placed candidate, has filed W.A.No. 1270/06. These candidates have already been appointed based on the merit and communal rotation.

(3.) The candidate with M. A. Sociology, who is directed to be excluded from Annexure I ranked list, is aggrieved by such direction in the judgment. Therefore, he filed W.A.No. 1236/06.