Priya.M and Rilshya O.M. v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942** ## **WP(C).No.18006 OF 2020(A)** ## **PETITIONERS:** - **1 PRIYA.M, AGED 39 YEARS, W/O.ABILASH.S, 51/568, “PRIYA”, ERACHIVAYAL, ARAKKINAR POST KOZHIKKODE-673028, MOB-8921868570.** - **2 RILSHYA O.M., AGED 32 YEARS, W/O.RANJIT M., OTHOYOTHMEETHAL, KEEZHRIYOUR, KOYILANDY KOZHIKKODE-673307, MOB-8547712661.** **BY ADV. SRI.U.BALAGANGADHARAN** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS, THIRUVANANTHAPURAM-695001.** - **3 HIGHER EDUCATION DEPARTMENT, REPRESENTED BY ITS SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **4 THE SECRETARY, TECHNICAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHPURAM-695001.** - **5 THE BOARD OF PUBLIC EXAMINATIONS, OFFICE OF THE COMMISSIONER OF GOVT.EXAMINATIONS, REPRESENTED BY ITS SECRETARY, PAREEKSHA BHAVAN, THIRUVANANTHAPURAM-695012.** **WP(C).No.18006 OF 2020** **2** **BY ADV. SMT.VINEETHA.B., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18006 OF 2020** **3** ## **JUDGMENT** **The petitioners are candidates included in the short list published by the Kerala Public Service Commission for appointment as Lower Division Typists. One of the qualifications for appointment to the post, is KGTE Typewriting (Lower) in Malayalam, as prescribed in Ext.P8 Government Order dated 08.12.2004. At the time of verification of certificates they have to produce the certificates in proof of their qualifications. Petitioners allege that the Board of Examinations is not issuing the certificate to the effect that they passed paper I and II of the KGTE examinations and that it refuses to issue the certificate on the ground that they have not passed the examination in Word Processing.** **2. Exts.P2 and P2(a) mark lists issued to the petitioners would show that they appeared in the Kerala Government Technical Examination (KGTE)** **WP(C).No.18006 OF 2020** **4** **held in July 2019, but could not secure the pass marks in the papers of Word Processing in examination for Typewriting Malayalam (Lower). They have filed this writ petition seeking a direction to the 5[th] respondent to issue them certificate of pass in Malayalam Typewriting Lower to them pursuant to Exts.P2 and P2(a) mark lists.** **3. According to the petitioners, the 5[th] respondent has not so far prescribed any syllabus for the paper Word Processing including it in Malayalam Typewriting (Lower) and therefore the KGTE Malayalam Typewriting (Lower) certificate is liable to be issued to the petitioners on the basis of their marks in Paper I and II of the examination in Malayalam Typewriting (Lower) and that it is not necessary to consider the marks in the paper Word Processing. According to the petitioners, Government has prescribed Ext.P4 Syllabus, as per Ext.P3 order dated 16.08.2001. That syllabus includes only Paper I and Paper II** **WP(C).No.18006 OF 2020** **5** **of KGTE Typewriting. As far as Typewriting English is concerned, Word processing is prescribed separately along with Typewriting English (Lower) in Ext.P6 order whereas it is not included along with Typewriting Malayalam (Lower) is concerned. The syllabus for the paper in Word Processing is not so far prescribed either for English or Malayalam. It is also pointed out that as per Ext.P5 order dated 09.11.2010, Government had only taken a policy decision to include Word Processing along with the Malayalam Typewriting as in the case of English Typewriting; but it is not implemented so far since syllabus is not prescribed.** **4. I heard the learned counsel for the petitioner as well as the learned Government Pleader.** **5. The learned Government Pleader points out** **that as far as KGTE Malayalam is concerned, the Word Processing has been made Part of KGTE, as per Ext.P5 order whereas in the case of English** **WP(C).No.18006 OF 2020** **6** **Typewriting, it has been separately given as Word Processing and a certificate can be given only if the petitioners pass the examination in Word Processing also.** **6. It is seen that Ext.P5 order incorporating Word processing as a qualification along with KGTE Typewriting Malayalam (Lower) was issued only on 09.11.2010, whereas the order Ext.P3 prescribing Ext.P4 syllabus was issued on 16.08.2001. From Ext.P5 order it can also be seen that pass in word Processing was prescribed as a qualification along with KGTE English Typewriting (Lower) much before Ext.P5 order was passed. Petitioners do not have a case that syllabus has been prescribed for Word Processing in English. No rule or order is brought to my notice, which shows that KGTE cannot be conducted without prescribing the syllabus as done in Exts.P3 or P4. Admittedly, the petitioners appeared in the examination in Word Processing. From Exts.P2 and P2(a), it is seen that they passed the** **WP(C).No.18006 OF 2020** **7** **examination along with English Typewriting and failed in the paper in Malayalam Typewriting examination. It is at that stage that they have approached this Court raising such contentions. When there is a separate paper in Word Processing as paper III and IV in the examination of Malayalam Typewriting along with papers I and II, I am of the view that certificate need be issued only to those who passed all the papers.** **7. It is relevant to note that petitioners themselves produced Ext.P10 judgment in** _**Kerala Public Service Commission and Another v. Thirtha Thankakuttan and Others**_ **[2019 (1) KHC 163], where a similar contention raised by the similarly situated candidates was rejected. Though it was a case where the Public Service Commission did not accept the certificate without the results of Word Processing, that judgment would squarely apply in this case also.** **8. it is also seen that as per Ext.P7 letter, the 5[th] respondent has already informed** **WP(C).No.18006 OF 2020** **8** **the Public Service Commission that pass in Word Processing is also necessary for issuing certificate of KGTE Malayalam Typewriting.** **In the above circumstances of the case, I do not find any substance in the contention of the petitioners that they should be given certificate on the basis of their marks in paper I and II of Malayalam Typewriting Lower Grade. Hence the petitioners do not deserve any relief in this writ petition.** **Accordingly, the writ petition is dismissed. Sd/-** **P.V.ASHA JUDGE** ## **ww** **WP(C).No.18006 OF 2020** **9** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF NOTIFICATION ISSUED BY PUBLIC SERVICE COMMISSION DATED 29.12.2018. EXHIBIT P2 A TRUE COPY OF MARK LIST DATED 08.03.2019 ISSUED BY 5TH RESPONDENT TO THE FIRST PETITIONER. EXHIBIT P2(A) A TRUE COPY OF MARK LIST DATED 08.03.2019 ISSUED BY 5TH RESPONDENT. EXHIBIT P3 A TRUE COPY OF GO(MS)NO.96/2001/H.EDN DATED 16.08.2001. EXHIBIT P4 A TRUE COPY OF SUBJECT OF STUDY AND SCHEME OF EVALUATION OF APPENDED TO EXHIBIT P.3 (RELEVANT PAGES ONLY). EXHIBIT P5 A TRUE COPY OF GO(MS)NO.369/10/HED DATED 09.11.2010. EXHIBIT P6 A TRUE COPY OF GO(MS)NO.19/2004/P&ARD DATED 08.12.2004. EXHIBIT P7 A TRUE COPY OF LETTER OF THE 5TH RESPONDENT TO KPSC DATED 06.08.2016. EXHIBIT P8 A TRUE COPY OF NOTIFICATION DATED 15.07.2020 ISSUED BY K.P.S.C. EXHIBIT P9 A TRUE COPY OF COMMUNICATION IN PROFILE OF 1ST PETITIONER ISSUED BY KPSC. EXHIBIT P10 A TRUE COPY OF THE JUDGMENT IN K.P.S.C.V THIRTHA THANKAKUTTAN 2019(1)KHC 163.**