IMPORTANT POINTS
The petitioner had verified the certificates of the respondent and found that the respondent herein possesses MBA Degree with dual specialisation i.e., in Finance and Marketing. The respondent/applicant has produced Annexure A3 virtually to establish that she possesses MBA Degree Examination with specialisation in both Finance and Marketing.

JUDGMENT :

C.T.RAVIKUMAR, J.

1. The sole respondent in O.A.No.789 of 2017 on the files of the Kerala Administrative Tribunal viz, The Kerala Public Service Commission (for brevity 'the PSC' only) filed the captioned original petition challenging the order dated 22.12.2017 passed thereon, by the Tribunal. The respondent herein viz., the applicant therein filed the aforesaid Original Application seeking the following reliefs:-

“(i) To declare that the applicant is entitled to be considered for selection and appointment to the post of Commercial Tax Officer (category No.387/13) based on Annexure A2 and A3 certificates;

(ii) To set aside Annexure A7 as unjust, arbitrary and unsustainable;

(iii) To direct the respondent to permit the applicant to participate in the interview for selection to the post of Commercial Tax Officer (category No.387/13) scheduled from 3.5.2017 to 19.5.2017;

(iv) To direct the respondent to include the name of the applicant in the final ranked list for the post of Commercial Tax Officer (category no.387/13) based on the marks obtained by her in the selection process;

(v) To direct the respondent to advice the applicant to the post of Commercial Tax Officer (category No.387/13) on the basis of her ranking in the ranked list;”

2. The applicant Smt.Shobha.T.C./the respondent herein filed the said Original Application seeking such reliefs in the following circumstances:-

The applicant applied for appointment to the post of Commercial Tax Officer in response to Annexure-A1 (in Ext.P1) dated 15.11.2013. She possessed Annexure-A2 MBA Degree awarded by the Kannur University. The following are the qualifications prescribed under Annexure-A1 notification for the said post:-

“7. Qualifications: Graduation with a degree in law OR A pass in Chartered Accountant (Inter) as defined in the Chartered Accountants Act, 1949 (Central Act 38 of 1949).

OR Masters Degree in Commerce OR Masters Degree in Business Administration (Finance).”

As part of the selection process, OMR test was held on 7.2.2015 and on successful participation in the test, she was included in the main list of the short list published on 22.8.2016. The relevant extract of the same is produced as Annexure-A4 in Ext.P1. Subsequently, she participated in verification of certificates conducted on 25.10.2016 and the said fact is evident from Annexure-A5 verification certificate dated 25.10.2016. Later, as per Annexure-A7 (in Ext.P1) she was informed about the rejection of her application on the following lines:-

“You are not qualified as per the gazette notification. One of the prescribed qualification for the post is MBA (Finance). As per the certificates produced, your elective subjects for MBA are Marketing and Finance and not solely Finance.”

It is in the aforesaid circumstances that the applicant approached the Tribunal by filing O.A.No.789 of 2017 seeking inter alia, the afore extracted reliefs.

3. The appellant herein viz., the respondent therein did not file reply affidavit in the proceedings before the Tribunal. However, the learned Standing Counsel for PSC, contended that the applicant's Degree could not be treated as a Degree in MBA (Finance), the prescribed qualification under Annexure-A1 notification. It was further contended that Annexure-A2 (in Ext.P1) certificate issued by the Kannur University would not reveal that the applicant's Degree is in Finance. With reference to the mark list produced along with Annexure-A2 it was submitted that it could not be taken that Finance was the major elective subject of the applicant for the MBA Degree. That apart, the learned Standing Counsel for PSC relied on the judgment of this Court in W.P.(C)No.24426 of 2007 and connected cases to resist the claims and contentions of the respondent which were upheld by the Tribunal. A decision of the Tribunal in O.A.No.765 of 2017 was also relied on, in that regard.

4. The learned counsel for the applicant/respondent herein contended that MBA Degree of the applicant is a Degree with Do