Jishma v. Kerala Agricultural University
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 33946 of 2015 (P) ---------------------------- PETITIONER:
------------------ JISHMA, AGED 23 YEARS D/O.SOBHA MABEL, AVITTOM KAIVAN VILA, NELLIMOODU P.O.
THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.R.T.PRADEEP SMT.M.BINDUDAS RESPONDENTS:
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1. KERALA AGRICULTURAL UNIVERSITY REP BY ITS REGISTRAR, VELLAYANI THIRUVANANTHAPURAM DISTRICT - 695 522.
2. KERALA STATE CIVIL SUPPLIES CORPORATION LTD (SUPPLICO) REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE GANDHI NAGAR, KOCHI - 682 020.
3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY OFFICE OF KERALA PUBLIC COMMISSION , PATTOM THIRUVANANTHAPURAM - 695004.
4. INDIAN COUNCIL FOR AGRIRULTURAL RESEARCH REPRESENTED BY ITS DIRECTOR, KRISHI BHAVAN DR.RAJENDRA PRASAD ROAD, NEW DELHI 110 001, INDIA. BY SMT.MOLLY JACOB, SC, SUPPLYCO SRI.P.C.SASIDHARAN, SC, KPSC SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY SRI.VIVEK VARGHESE P.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33946 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXT. P1 - COPY OF CERTIFICATE BY WHICH PETITIONER CONFERRED WITH BACHEOR OF SCIENCE (AGRICULTURE) BY ANNAMALAI UNIVERSITY.
EXT.P2 - COPY OF GAZETTE NOTIFICATION DATED 12/08/2014 FOR THE POST OF JUNIOR MANAGER (QUALITY ASSURANCE) BY 3RD RESPONDENT.
EXT.P3 - COPY OF ADDENDUM NOTIFICATION DATED 11/12/2014 BY 3RD RESPONDENT.
RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp
K. VINOD CHANDRAN, J.
--------------------------------------- W.P(C). No.33946 of 2015 --------------------------------------- Dated this the 16th day of November, 2015.
JUDGMENT
The petitioner claims to have obtained Bachelor of Science, [Agriculture] from Annamalai University as is indicated at Ext.P1. The petitioner applied under Ext.P2 notification for the post of Junior Manager (Quality Assurance). However, the petitioner submits that the Public Service Commission has not decided on the equivalency on the course undertaken by the petitioner.
2. Ext.P2 notification specifically requires the qualification to be "Graduation in Agriculture from Kerala Agricultural University OR equivalent qualification (Four year Agricultural Science course)". The equivalency is not a question, which can be independently decided by the Public Service Commission, but has to be decided by the University as such. The qualification prescribed is Graduation from the first respondent University or an equivalent qualification. Only the first
WP(C) No.33946 of 2015 respondent University could look into the Syllabus of the course in which the petitioner had undertaken and decided on the same. The petitioner is said to have approached the first respondent, but however the first respondent has categorically stated that the Bachelor of Science [Agriculture] conducted by the Annamalai University is not recognised by the first respondent.
3. In such circumstance, though the Public Service Commission is competent to decide on the candidature of the petitioner, without the equivalence issued by the first respondent University, the petitioner cannot be considered under Ext.P2 notification.
The writ petition would stand dismissed. No costs. Sd/- K. VINOD CHANDRAN, JUDGE.
//True Copy// P.A. to Judge.
sp/16/11/15