Suja.G.S vs State Of Kerala
2021 Latest Caselaw 10744 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.3363 OF 2021(U)


PETITIONER:

               SUJA.G.S
               AGED 34 YEARS
               W/O. RAMESH KRISHNAN K, TC. 50/113(1), BINDU COTTAGE,
               KALADY, KARAMANA P.O, TRIVANDRUM - 695002.

               BY ADVS.
               SRI.C.UNNIKRISHNAN (KOLLAM)
               SRI.D.JAYAKRISHNAN
               SRI.BASIL AJITH
               SMT.SHARON S.V.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               TRIVANDRUM - 695001.

      2        KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
               MAVELI BHAVAN, GANDHINAGAR ROAD, GANDHI NAGAR,
               KADAVANTHARA, KOCHI - 682020, REPRESENTED BY ITS
               MANAGING DIRECTOR.

      3        KERALA PUBLIC SERVICE COMMISSION
               THULASI HILLS, PATTOM P.O, TRIVANDRUM - 695004,
               REPRESENTED BY ITS SECRETARY.

               R2 BY ADV. SRI.ANTONY MUKKATH


               ADV. MOLLY JACOB (SC)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3363 OF 2021(U)              2




                                JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following relief:

issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to comply with the binding directions in Exhibit P12 judgment of this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the Kerala Public Service

Commission.

3. It is submitted by the learned counsel for the petitioner that

the petitioner holds a graduate degree in Pharmacy and that she had

studied Basic Electronics in Computer Applications as part of the

degree in the 1st year. It is submitted by the learned counsel for the

petitioner that the petitioner's qualification was liable to be treated

as equivalent. It is submitted by the learned counsel for the petitioner

that the petitioner had earlier approached this Court and Ext.P12

judgment had been rendered and therefore the petitioner's claim is

liable to be considered by the PSC.

4. The learned Standing Counsel appearing for the PSC submits

that Ext.P12 judgment had specifically referred to a common

judgment dated 27.02.2019 by which the issue of equivalency had

been considered and it was held that the writ petition is liable to

succeed on the basis of the common judgment. It is submitted that

the common judgment had been reversed by the Division Bench in

WA No.1973 of 2019 and connected cases by judgment dated

14.02.2020 and the writ petitions had been dismissed. It is submitted

that in the above situation, Ext.P12 judgment can have no effect in

view of the fact that the judgment relied on stands reversed.

In the above factual situation, I am of the opinion that the

contention raised by the petitioner that Ext.P12 judgment has not

been interfered with, will not help the petitioner since the judgment

which has been relied on in Ext.P12 stands reversed by the Division

Bench.

The writ petition therefore fails and the same is, accordingly,

dismissed.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF NOTIFICATION FOR THE POST OF ASSISTANT PHARMACIST IN THE 2ND RESPONDENT CORPORATION IN CATEGORY NO. 280/2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PROFILE OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF DEGREE CERTIFICATE IN PHARMACY DATED 22.01.2009 ISSUED BY THE UNIVERSITY OF KERALA.

EXHIBIT P4 TRUE COPY OF MEMORANDUM OF MARKS OF THE PETITIONER DATED 28.05.2005 OF B.PHARM FIRST YEAR.

EXHIBIT P5 TRUE COPY OF RELEVANT PAGES OF THE SYLLABUS OF B.PHARM DEGREE.

EXHIBIT P6 TRUE COPY OF CERTIFICATE NO. 37618 DATED 12.01.2009 ISSUED BY PHARMACY COUNCIL.

EXHIBIT P7 TRUE COPY OF CERTIFICATE DATED 26.02.2002 ISSUED BY THE KERALA STATE UNEMPLOYED SERVICE SOCIETY.

EXHIBIT P8 TRUE COPY OF RELEVANT PAGE OF ADMISSION TICKET.

EXHIBIT P9 TRUE COPY OF MAIN LIST PUBLISHED VIDE SL. NO. 227/17. ER.IV. B DATED 20.12.2017.

EXHIBIT P10 TRUE COPY OF RELEVANT PAGE OF PROFILE SHOWING REJECTION OF PETITIONERS APPLICATION.

EXHIBIT P11 TRUE COPY OF THE INTERVIEW PROGRAMME 02/2019 DATED 14.01.2019.

EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 10.04.2019 IN WPC 2860/2019.