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Benny Thomas Chirappurathu House

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

Antony Dominic, J. 1. This appeal is filed against the judgment of the learned single Judge dismissing W.P(C).26526/14, following his earlier judgments in W.P(C).25812/14 and connected case.
2. The issue raised was, whether for the post of Branch Manager in a District Co-operative Bank, a candidate is required to have 50% of the aggregate in the degree examination or the 50% prescribed is only for the main subjects. Learned single Judge has taken the view that the 50% should be in the aggregate and on that basis, held the appellant ineligible for the post and upheld the rejection of his candidature. It is this judgment which is under challenge before us.
3. According to the learned counsel, even in Ext.P1, the notification issued by the Public Service Commission, there is no prescription that the 50% should be that of the aggregate and therefore, it is illegal on the WA.1473/14 2 part of the PSC to insist on the same. However, standing counsel for the PSC produced the photocopy of the gazette notification issued by the PSC which shows that they have extracted Rule 186(1) (ia) (i), which prescribes 'graduation from a recognised University with not less than 50% marks in the aggregate' as the eligibility. The notification issued by the PSC should be understood in the light of the prescriptions contained in the rules. The rule specifically provides that the marks should be in the aggregate. Further, the gazette notification also contains such a prescription. In such circumstances, the PSC cannot be faulted for rejecting the candidature of the appellant for the reason that he did not have 50% marks in the aggregate. We, therefore, do not find any reason to interfere with the judgment under appeal.
Writ appeal fails. It is accordingly dismissed.
Sd/-
ANTONY DOMINIC, Judge.
kkb.
/True copy/ Sd/-
ANIL K.NARENDRAN, Judge.
PS to Judge
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Title

Benny Thomas Chirappurathu House

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • Antony
  • Anil K Narendran
Advocates
  • B S Swathy Kumar
  • Sri Remya Murali
  • Sri
  • Sri Venkatesh Gopi