V J JOSEKUTTY Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner applied for being considered for appointment as Junior Clerk (Cooperative Societies), by direct recruitment, in the Department of Cooperation in the Government of Kerala, following Ext. P1 notification by the Public Service Commission calling for applications from persons possessing qualifications enlisted in column 7 of that notification. Following the objective type written test, a short list was published on 29/02/2008 and the petitioner was called for interview on 09/04/2008. Upon verification of documents, the first respondent Commission took the view that petitioner did not possess the qualification prescribed for the post. The petitioner then submitted a petition before the Chairman of the Interview Board requesting that he be allowed to appear for the interview provisionally. Following that, he was admitted for interview, subject to further scrutiny and orders regarding his qualification. He, thereafter, made Ext. P7 representation to the Secretary of the Commission. That did not find favour and the first respondent published Ext. P8 ranked list excluding the petitioner. Hence, this writ petition.

(2.) The qualifications enumerated in Ext. P1 are in pari materia with the qualifications prescribed for appointment by direct recruitment to Junior Inspector, in the Table in R.5 of the Kerala Cooperative Subordinate Service Rules, 1962, hereinafter referred to as the 'Rules'. That provides for different alternate qualifications, of which prescriptions at Sl. Nos. (A) and (B) are relevant to decide this case. They read as follows:

(3.) The petitioner possesses B.Com degree given by the Faculty of Commerce, University of Kerala. Ext. P2 certificate shows that he has been admitted to the Degree of Bachelor of Commerce, having been placed, among other things, in the Second Class in Part III (with Accounting as Main Subject) and Commercial Law, Banking, Business Management and Accounting / Cooperation as Subsidiary Subjects). The petitioner does not have Higher Diploma in Cooperation to fall within Clause (B). Therefore, the question raised is whether the qualification possessed by the petitioner is a B.Com degree with Cooperation as 'Special Subject', satisfying Clause (A).