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SIMITHA C.M., KOOTHATTU HOUSE versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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SIMITHA C.M., KOOTHATTU HOUSE v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 28450 of 2005(J) [2007] RD-KL 12533 (9 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28450 of 2005(J)

1. SIMITHA C.M., KOOTHATTU HOUSE,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. DISTRICT COLLECTOR, COLLECTORATE,

3. DIRECTOR OF SURVEY AND LAND RECORDS,

4. DIRECTOR OF EMPLOYMENT, THYCAUD,

5. DEPUTY DIRECTOR,

6. THE DIVISIONAL EMPLOYMENT OFFICER,

7. EMPLOYMENT OFFICER,

For Petitioner :SRI.B.RAGUNATHAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :09/07/2007

O R D E R

K.BALAKRISHNAN NAIR,J.

W.P ( C) No. 28450 of 2005

Dated this the 9th day of July, 2007



J U D G M E N T

The petitioner is a physically handicapped person. She is a Diploma holder in Civil Engineering. She has registered with the 7th respondent - Employment Officer. When the District Collector invited applications for appointment to 10 posts of Draftsman Gr.II in the Survey and Land Records Department from the physically handicapped persons, she submitted an application. Though the petitioner was called for interview pursuant to her application, she was not considered for selection on the ground that she does not possess the prescribed qualification. The same is evident from Exhibit-P5 communication from the 7th respondent - Employment Officer. According to the said officer, the petitioner does not have any of the prescribed qualifications for the said post as per the Special Rules. She submitted Exhibit P7 representation pointing out that the P.S.C is accepting Diploma in Civil Engineering as sufficient qualification for Draftsman Gr.II in Survey and Land Records Department. Feeling aggrieved by the stand taken by the 7th respondent, this writ petition is filed. W.P ( C) No. 28450 of 2005 2

2. The 7th respondent has filed a counter affidavit supporting the impugned order.

3. I heard the Learned Government Pleader for the respondents also. The point raised by the petitioner is covered by the decision of this court dated 16.8.2006 in W.P (C ) No.33878/2004 and connected cases. Now even the P.S.C. is accepting Diploma in Civil Engineering as sufficient qualification for appointment to the post of Draftsman Gr.II, for the reason that it is a higher qualification. In cases, where the acceptance of equivalent qualification is provided for in the Special Rules, such of those higher qualifications, which pre- supposes the acquisition of the lower qualification prescribed for the post as contemplated under Rule 10 (a) (ii) of K.S.& S.S.R are also acceptable. In view of the above position, Exhibit-P5 is quashed. It is declared that the petitioner is qualified to be appointed as Draftsman Gr.II in the Survey and Land Records Department. The 7th respondent is directed to sponsor the name of the petitioner for appointment to the above post and the 2nd respondent is directed to include the name of the petitioner and others in the selection process, who are eligible in the light W.P ( C) No. 28450 of 2005 3 of the above declaration. The District Collector is directed to complete the selection process and make the appointments, in accordance with law, as expeditiously as possible. The proceedings in this regard shall be completed by Respondents 2, 6 and 7, within three months from the date of production of a copy of this judgment.

(K.BALAKRISHNAN NAIR, JUDGE)

ma W.P ( C) No. 28450 of 2005 4

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007


Copyright

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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