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BINESH E. versus THE KERALA PUBLIC SERVICE COMMISSION

High Court of Kerala

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BINESH E. v. THE KERALA PUBLIC SERVICE COMMISSION - WP(C) No. 15630 of 2006(I) [2006] RD-KL 79 (4 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15630 of 2006(I)

1. BINESH.E. S/O.BHASKARAN NAIR,
... Petitioner

2. RTHEESH.K. S/O.THEYYUTTY.K.

3. KISHORE M.V. S/O.NARAYANA WARRIER,

Vs

1. THE KERALA PUBLIC SERVICE COMMISSION,
... Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.BENOY THOMAS

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :04/07/2006

O R D E R

A.K. Basheer, J.


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W.P(C) NO. 15630 of 2006
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Dated this the 4th day of July , 2006.



J U D G M E N T

The short question that arises for consideration in this writ petition is whether the Kerala Public Service Commission (for short, the Commission) is justified in awarding weightage for marks obtained by the candidates in their Masters' Degree examination while they are being considered for selection to the post of Higher Secondary School Teachers in Vocational Higher Secondary Schools. The other issue is whether awarding of more than 20% of the marks in the written examination for interview is justifiable?

2. Petitioners had responded to Exts.P1 and P1(a) notifications issued by the Commission inviting applications from eligible candidates for appointment to the post of Higher Secondary School Teacher (Senior and Junior) and also Non Vocational Teachers in Vocational Higher Secondary Schools. According to the petitioners, they have obtained more than 50% marks in their Master's Degree examination. They have also obtained other requisite qualifications. But it is contended by the petitioners that the Commission is not justified in awarding weightage for the marks obtained by the candidates in the Master's Degree examination, while making selection to the above posts.

3. It is submitted by the petitioners that those candidates who WP.15630/06 2 have obtained 85% or more marks in the Masters' Degree examination are awarded 50 marks as weightage. Weightage is granted in decreasing order depending on the marks obtained by the candidates. This, according to the petitioners, is highly arbitrary, illegal and violative of Article 14 of the Constitution of India.

4. Yet another contention raised by the petitioners is that the Commission is not justified in awarding 30% marks for the interview. Only 20% marks could have been set apart for interview. Learned Standing Counsel for the Commission submits that the issue is squarely covered against the petitioner in the decision rendered by a Division Bench of this Court in Mohan v. Public Service Commission (1994 (2) KLT 585) and several other judgments viz., W.P.Nos.178/2005, OP.11079/1999 and W.P.26618/2005 etc.

6. Obviously the weightage that the petitioners got on the basis of the marks obtained by them in their Masters' Degree examination might have been less. Petitioners do not have a case that they have been denied weightage. But their grievance is that other candidates who obtained higher marks in their Post Graduate examination were given more weightage. Understandably those candidates who secured more marks will definitely get a higher weightage. Petitioners cannot grudge that. Significantly petitioners do not have a case that they have been denied weightage at all. Similarly, marks fixed for interview for all candidates is admittedly uniform. In that view of the matter, the contentions raised by the petitioners are totally misconceived and untenable. There is no merit in the writ petition. It is accordingly dismissed. WP.15630/06 3 A.K. Basheer Judge. an.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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