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2006 Supreme(Ker) 582

Judges : K.A.ABDUL GAFOOR,K.P.BALACHANDRAN
Mukesh - Appellant
Versus
State of Kerala - Respondent
Case No : W.A. No.1236 of 2006 & connected cases
Decided On : 09/26/2006
Advocates Appeared :
For the Appellant: Kaleeswaram Raj, KRB. Kaimal, Advocates. For the Respondent: P.C. Sasidharan, Sasidharan Chempazhathiyil, Advocates, Benny Gervasis, Sandesh Raj, Government Pleaders.

Headnote:

Kerala State and Subordinate Services Rules 1958 - Rule 13 - Whether, in the light of the stipulation of the qualifications as contained in Ext.P1 notification, candidates with degree in Sociology ought to have been included in the ranked list or not - 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, 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 - Petitioner has filed the Writ Appeal aggrieved by that part of the direction - Held, No reason to implead these appellants with Diploma in Social Work as necessary parties in the Writ Petition - But, the direction to hold a fresh selection, without they being heard, will necessarily affect them - They are the appointees against the notified vacancies - Their appointments are at stake - That direction was issued without hearing them - Necessarily, it has to be set aside - Order Accordingly

Judgment :-

K.A. Abdul Gafoor, J.

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.P1 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.

4. The PSC is aggrieved by both the directions. Therefore, they filed W.A.No.1380/06.

5. It is, in these circumstances, these four Writ Appeals arise from the very same common judgment. The brief facts for the disposal of these appeals can be narrated as follows:

6. The post in question is that of Welfare Officer Grade II (Jails) in Prisons Department of the Kerala State. Method of appointment and qualifications for the post in question is governed by G.O.(MS)No.8/80/Horne dated 2.1.1980, Annexure R3 (1) in W.A.No.1261/06. The Qualifications stipulated in that Government Order for direct recruitment to the said post are as follows:

"B. QUALIFICATIONS:

a) For direct recruitment

i) A Degree of a recognized University

ii) A degree or diploma in Social Services/Social Work from a recognized University/Institution

iii) Ability to read and write Malayalam

xxx xxx xxx”

The question agitated is with reference to the second among the said two qualifications. When the PSC conducted the selection and prepared the ranked list, Annexure I in W.A.No.1236/06, they included the candidates possessing the degree of MSW as well as those possessing the degree in Sociology. In the light of the stipulations regarding the qualifications as mentioned, whether candidates with degree in Sociology are entitled to be included in the ranked list is the moot question debated.

7. The relevant qualification is a Degree or Diploma in Social Services/Social Work of a recognized University/Institution. It is contended by the candidates possessing Degree in Sociology that going by the course contents, the degree that they possess can be treated as a degree in Social Services/Social Work. Because almost all papers are similar to those for MSW degree. So, the said qualification stipulated in Annexure R3(1) as well as in Exhibit P1 notification takes iii degree in Sociology as well, along with the Degree/Diploma in Social Services or Social Work. Therefore, the candidates with degree in Sociology can very well be included in the ranked
























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