IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION Nos.47033-47039/2017 (S-KAT) BETWEEN:
KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA BENGALURU-560001 REPRESENTED BY ITS SECRETARY ...PETITIONER (BY SRI REUBEN JACOB, ADVOCATE) AND:
1. RAGHUVEERSINGH THAKUR S/O RATHAN SINGH THAKUR AGED ABOUT 37 YEARS R/AT 4-2-17 A, NEAR MARAMMA GUDI KABADAGERA STREET SHORAPORA, YADAGEERI KARNATAKA-585 224 2. SYED KHWAJA BANDA NAWAZ S/O SYED GHUDU BHAI AGED ABOUT 35 YEARS R/AT NO.2/145/11, 12 OPP.HASNAPUR CAMP NEAR PETROL PUMP DIVALAGUDDA, RAMNGAMPET SHORAPUR, GULBARGA-585 220 3. PRAKASH S/O NAGAPPA AGED ABOUT 33 YEARS R/AT 5-6-45/4, BEHIND DC OFFICE PWD COLONY, YADGIR-585 202 4. RAJSHEKHAR S/O MALLIKARJUN AGED ABOUT 35 YEARS R/AT PLOT NO.113, BHAVANI TEMPLE ROAD, BEHIND CENTRAL BUS STAND, KALBURGI-585 103 5. KRISHNA S/O SHAMA RAO AGED ABOUT 34 YEARS R/AT E/5/2727/1, RAMJI NAGAR ROZA(K), KALABURAGI-585 104 6. SHIVAKUMAR S/O IRAYYA MATHAPATHI AGED ABOUT 33 YEARS R/AT SHANKAR CLINIC, MENTHAN GALLI HANUMAN ROAD, ALAND TALUK KALABURAGI-585 101 7. MADHU SHRI V.C. D/O CHANDRU AGED ABOUT 25 YEARS R/AT SOLLEPURA, MADDUR TALUK MANDYA DISTRICT-571 428 8. STATE OF KARNATAKA DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BENGALURU-560 001 BY ITS PRINCIPAL SECRETARY (CAUSE TITLE AMENDED AS PER ORDER DATED 16.10.2017) …RESPONDENTS (BY SMT PRATHIMA HONNAPURA, AGA FOR R8; SRI M.B.NARAGUND, SENIOR ADVOCATE FOR SRI H.T.VASANTH KUMAR, ADVOCATE FOR R1-7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:24.7.2017 IN APPLICATION NO.1514- 1520/2017 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE VIDE ANNEXURE-C AND CONSEQUENTLY TO DISMISS THE SAID APPLICATION NOS.1514-1520/2017 FILED BY THE RESPONDENTS.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 27.11.2017, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
O R D E R 1. The Karnataka State Public Service Commission (‘KPSC’ for short), has called in question, the order dated 24.07.2017 by the Karnataka State Administrative Tribunal (‘KAT’ for short), in Applications No.1514 to 1520/2017, whereby, the KAT, has directed the KPSC to consider the candidature of the respondents herein for the posts of ‘Typists’.
2. We have heard Shri Reuben Jacob, learned Counsel for the petitioner; Shri M.B. Naragund, Senior Advocate for the respondents No.1 to 7 and Smt. Prathima Honnapura, learned AGA for respondent No.8.
3. The principal contention urged by Shri Reuben Jacob is that, the qualification prescribed by the KPSC for the posts of ‘Typists’ is, pass in PUC or a Diploma in Commercial Practice or equivalent. The respondents herein, have obtained a Certificate in ‘Job-Oriented Pre-University Diploma’ from the State Council of Vocational Education. They have undergone the prescribed course in different trades, such as, maintenance and repair of domestic appliances, electrical wiring etc. Therefore, they are not eligible for consideration for the posts of ‘Typists’.
4. Shri Reuben Jacob, further argued that the KAT erred in law in holding that the Certificates obtained by the respondents be treated as equivalent to PUC.
5. Per contra, Shri M.B.Naragund, learned Senior Counsel, supporting the impugned order, submitted that the Certificates held by the respondents herein are issued by the State Council for Vocational Education. He drew our attention to a foot note contained in the Certificate, which reads as follows:-
“In Testimony whereof this Job-Oriented Pre- University Diploma is awarded with the privilege to use the title P.U.C. Diploma in Vocational Education.”
6. Drawing support from the above extracted note, Shri Naragund, argued that the Certificate is admittedly issued by the State Government, with a testimony that the holder of the said Certificate, shall enjoy the privilege to use the title ‘PUC-Diploma in Vocational Education’. He further submitted that, the said Certificate is a sufficient qualification to get admission for degree courses, such as, B.A., B.Com., BB.M., etc. In support of this contention, he adverted to a Notification dated 29.08.2000, issued by the Bangalore University, appended as Annexure-R1 to the statement of objections filed by the contesting respondents.
7. In substance, Shri Naragund, argued that the Certificates held by the respondents are equivalent to PUC Certificates and therefore, eligible for consideration for the posts of ‘Typists’.
8. Smt. Prathima Honnapura, learned AGA for the State, contended that, the Certificate held by the respondents is not exactly a ‘PUC Certificate’ and therefore not equivalent.
9. We have carefully considered the submissions made by the learned Counsel appearing for the parties and perused the records.
10. Admittedly, the qualification prescribed by the KPSC for the posts of ‘Typists’ is PUC or equivalent. The respondents have been accorded with the privilege to use the title ‘PUC-Diploma in Vocational Education’. A perusal of the Notification issued by the Bangalore University, relied upon by Shri Naragund, gives a clear and unexceptional impression that, the Certificates in question are adequate enough to seek a degree course. Therefore, in our view, a Certificate, which qualifies admission into an University must be held equivalent to a PUC Certificate.
11. In view of the aforesaid discussion, we see no error in the order passed by the KAT, directing the KPSC to consider the cases of the respondents for the posts of ‘Typists’ on the strength of the Certificates issued by the State Council for Vocational Education.
12. Resultantly, these writ petitions must fail and are accordingly dismissed.
Petitions dismissed.
We make no order as to costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE cp*