K P S C Vs. VIVINA

JUDGEMENT

(1.) These Writ Appeals are filed against the common judgment of the learned Single Judge in WP (C) Nos. 20771, 21783, 24150 and 28075/2008 dated 15/12/2008, interfering with the decision of the Public Service Commission dated 12/05/2008, to treat M.Sc. Home Science as sufficient qualification for appointment to the post of Vocational Instructor in Clothing and Embroidery in the Vocational Higher Secondary Schools under the Kerala State.

(2.) The brief facts of the case are the following: WA No. 444/2009 filed by the Public Service Commission (in short 'PSC') against the judgment in WP (C) No. 21783/2008 is treated as the main case, for the purpose of referring to the parties and exhibits. The writ petitioner is a member of the Scheduled Caste. She has passed Vocational Higher Secondary Course in Clothing and Embroidery with first class. Ext. P1 is the V.H.S.C certificate issued to her. She has passed B.Sc. Home Science with first class for the optional subjects, namely, Home Science (Main) and Botany and Zoology (Subsidiaries) in the year 2004. Ext. P2 is her Degree Certificate. The PSC invited applications for appointment to the post of Vocational Instructor in Clothing and Embroidery on 08/04/2005. Ext. P3 is the relevant pages of the notification published in the Kerala Gazette (Extraordinary) dated 26/04/2005. The qualifications prescribed for the post were 'A pass in VHSE Clothing & Embroidery conducted by the Government of Kerala or its equivalent with B.Sc. Home Science awarded by any of the Universities in Kerala or an equivalent qualification OR Pre degree awarded by any of the Universities in Kerala or its equivalent with Diploma in Costume Designing and Dress Making awarded by the Department of Technical Education.' The written test for the post was held on 15/09/2007. A short list was published on 28/02/2008. The interview for the post was held from 14/05/2008 to 16/05/2008. The rank list was published on 18/06/2008. The copy of the rank list was produced in the writ petition as Ext. P4. The writ petitioner was included as rank No. 3 in the supplementary list of Scheduled Caste candidates. The 3rd respondent in the writ petition, who was impleaded during its pendency, was rank No. 1 in the said supplementary list.

(3.) The writ petitioner came to know that persons who were not having the prescribed qualifications, but were having only M.Sc. degree in Home Science have been included in the rank list. The 3rd respondent in the writ petition, who is rank No. 1 in the supplementary list of Scheduled Caste candidates, is one of such candidates. Aggrieved by the inclusion of candidates, who do not have the prescribed qualifications, in the rank list, the writ petitioner filed WP (C) No. 21783/2008. She prayed for quashing Ext. P4 rank list to the extent it includes persons without the prescribed qualifications. She also prayed for recasting of the rank list and consequential reliefs.