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Shibu T.J

High Court Of Kerala|02 June, 2014
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JUDGMENT / ORDER

Pursuant to a notification issued by the Kerala Public Service Commission in the Kerala Gazette dated 29.5.2009, the petitioner applied for appointment as L.D.Typist. He was selected and his name was included as rank No.280 in the main list of the ranked list published on 17.5.2012. This writ petition is filed for a writ in the nature of mandamus commanding the Managing Director of the Kerala Water Authority to report the entire vacancies of L.D.Typist in various offices of the Kerala Water Authority in Thrissur District to the Kerala Public Service Commission without delay. The petitioner also seeks a writ in the nature of mandamus directing the Kerala Public Service Commission to make advices from Ext.P1 ranked list. 2. A counter affidavit dated 30.12.2013 has been filed on behalf of the Kerala Public Service Commission. Paragraphs 6 to 11 thereof, which are relevant for the purpose of this case, are extracted below:-
“6. In this connection, it is pertinent to note that the qualifications prescribed for the post of LD Typist in various Departments are as follows:
1. SSLC or its equivalent qualification.
2. Lower Grade Certificate in KGTE Malayalam W.P.(C) No.26702/2013 2 Typewriting.
3. Lower Grade Certificate in KGTE English and Computer Word processing or its (G.O.(P) No./05/P&ARD dated 9.5.05).
7. Earlier the qualifications prescribed for the post of L.D.Typist in Kerala Water Authority were identical with those prescribed for the post in Various Departments (as noted above). Hence the vacancies reported for the post of L.D.Typist in Kerala Water Authority used to be filled up from the Ranked list for the post of L.D.Typist in various Departments.
8. Later, as per G.O.(P) No.19/11/WRD dated 1.3.2011, the Special Rules prescribing the qualifications for various posts in Kerala Water Authority were issued. As per the Special Rules for Kerala Water Authority, the qualifications prescribed for the post of L.D.Typist in Kerala Water Authority are as follows:-
1. Degree in any Discipline
2. Typewriting (English) KGTE (Lower) or its equivalent
3. Typewriting (Malayalam) KGTE (lower) or its equivalent
4. Certificate in Data Entry and Office automation of minimum 3 months (120 hrs) duration awarded by LBS Centre for Science and Technology, IHRD or from similar/equivalent institution approved by Government.
9. As the qualifications prescribed for the post of L.D.Typist in Kerala Water Authority are not identical with that in various Departments, the Commission decided on 16.7.2012 to discontinue the practice of filing up the vacancies of L.D.Typist in Kerala Water Authority from the ranked list for the post of L.D.Typist in various departments. It was also decided to issue fresh notification for the post of L.D.Typist in Kerala Water Authority.
10. Accordingly, as per notification issued vide Gazette dated 15.6.2012 as Category No.296/12, applications were invited for selection to the post of L.D.Typist in Kerala Water Authority to fill up 7 anticipatory vacancies. The pending vacancies as well as the vacancies being report for the post of L.D.Typist in Kerala Water Authority will be filled up from the ranked list to be finalised pursuant to the above notification.
11. In the circumstances, it is evident that the petitioner, who holds 280th rank in the ranked list for the post of L.D.Typist in various Departments will not be benefited by the reporting of vacancies of L.D.Typist in Kerala Water Authority. The petitioner resorted to filing the instant WP(C) out of his sheer ignorance of the above mentioned facts.”
3. Shorn of details, the stand taken by the Kerala Public Service Commission is that though formerly, vacancies of L.D.Typist in the W.P.(C) No.26702/2013 3 Kerala Water Authority were filled up from the ranked list for the post of L.D.Typist in various departments, pursuant to the special rules framed by the Kerala Water Authority as per which a higher qualification was prescribed for the post of L.D.Typist, a notification was issued in the Gazette dated 15.6.2012 inviting applications for the post of L.D.Typist in the Kerala Water Authority and that vacancies of L.D.Typist in the Kerala Water Authority will be filled up from the ranked list to be finalised pursuant to the notification. The petitioner has not chosen to file a reply affidavit denying and disputing the aforesaid averments. In the light of the stand taken by the Kerala Public Service commission in the counter affidavit, the reliefs prayed for by the petitioner cannot be granted.
I accordingly hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed.
vps P.N.RAVINDRAN, (JUDGE)
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Title

Shibu T.J

Court

High Court Of Kerala

JudgmentDate
02 June, 2014
Judges
  • P N Ravindran
Advocates
  • Sri
  • O D Sivadas