SAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THERE are certain common issues which arise for consideration in these cases. THEREfore, they have been heard together. Some of the Writ Petitions also involve a different issue and therefore, those issues are being dealt with separately. But as I mentioned above, there are certain issues which are common and all of them involve issues which emanate from a notification issued by the Public Service Commission for selection to the post of Surveyor Grade-II in the Department of Survey and Land Records. I will refer to the facts in Writ Petition No. 29794/2006 as also the facts in Writ Petition No. 33742/2006 in the first instance.

(2.) EXT. P1 notification was issued by the PSC inviting applications for the post of Surveyor Grade-II. Qualifications prescribed for the said post are those contained in Special Rules namely Kerala State Subordinate Services Special Rules in the Kerala Survey and Land Records (hereinafter referred to as Special Rules ). The presented qualifications are as follows: (I ). A pass in S. S. L. C examination or possession of any of the other equivalent qualification specified in the Schedule to Part II of the General Rules. (II ). Must possess-- (i ). I. T. I. (Surveyor Trade) Certificate introduced with effect from the year 1966. Or (ii ). The I. T. I (Surveyor Trade) Certificate issued prior to the year 1966 and satisfactorily completed six months inplant training according to the rules approved by the Board of Revenue in this regard; Or (iii ). A pass in Surveying and Levelling (Higher) M. G. T. E or K. G. T. E with Chain Survey Test; Or (iv ). Experience in Military service for a period of six years in Surveyor trade: provided that in the absence of candidates with the technical qualifications mentioned above, a pass in Higher Survey Test shall be deemed sufficient: provided further that in the absence of candidates with any of the technical qualifications mentioned above, a pass in Chain Survey Test shall be deemed sufficient. "

(3.) PETITIONERS in Writ Petition No. 30729/2006 have an additional contention namely that the test has not been conducted properly. According to them, 31 out of 100 questions forming part of the question paper in the objective format seem to be a verbatim reproduction of Ext. P13, which is a guide published by a publishing house, of which the fourth respondent is the Chief Editor. Fourth respondent is also one of the applicants for the post. They, therefore, contend that the similarity in the lay out and the content of 31 questions out of 100, cannot be dismissed as a mere coincidence but as an indication of factors which vitiate the selection as such. In effect, the prayer therefore, is to set aside the entire selection and direct the PSC to conduct fresh selection in accordance with law.