Kerala High Court
Mini.T.K vs The Kerala Veterinary And Animal ... on 21 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:24350
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
WP(C) NO. 11477 OF 2025
PETITIONER:
MINI.T.K
AGED 49 YEARS
W/O.PRAKASAN, PANATHAKKATTIL HOUSE,
PUTHOORVAYAL.P.O, KALPETTA, WAYANAD,
PIN - 673577
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENTS:
1 THE KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKKOD, LAKKADI.P.O,
WAYANAD DISTRICT
REPRESENTED BY ITS REGISTRAR,
PIN - 673576
2 THE REGISTRAR
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKKOD, LAKKIDI.P.O
WAYANAD DISTRICT, PIN - 673576
3 THE ASSISTANT REGISTRAR
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKKOD, LAKKIDI.P.O
WAYANAD DISTRICT, PIN - 673576
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WP(C) No.11477 of 2025
2
4 DIRECTOR ( ACADEMICS & RESEARCH )
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKKOD, LAKKIDI.P.O
WAYANAD DISTRICT, PIN - 673576
BY ADV.
SRI. MANU GOVIND, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.11477 of 2025
3
JUDGMENT
Dated this the 21st day of March, 2025
The petitioner is a permanent labour in the Kerala
Veterinary and Animal Sciences University, Pookode Campus
at Wayanad. The Registrar of the University, through Ext.P1
notification, invited applications from Class III&IV / permanent
employees to enroll in the Diploma in Livestock Management
Course, which would make them eligible for promotion to the
post of Farm Assistant Grade-II.
2. According to the notification, the educational
qualification required to apply for the Diploma in Livestock
Management Course is Plus Two. For completing the course,
employees can make use of eligible leave and leave without
salary. Employees will also be required to bear the course fee
themselves. The petitioner applied for the course as she is
having successfully completed her B.Com Degree Course
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from Calicut University under Distance Education Scheme.
She did not formally complete Plus Two. However, she
completed Graduation. Normally Graduation presupposes
acquisition of Plus Two. Acquiring a separate Plus Two
Certificate is not possible for her since she has already
obtained a Bachelor's Degree, which is a higher academic
qualification. Ext.P2 is her Certificate of the Degree.
3. The University had published Ext.P3 Circular
listing the eligible candidates, ineligible candidates, and
deferred applications for further scrutiny. Out of the 93
applications received, 29 employees have been found eligible,
11 are ineligible, and 53 applications have been deferred for
further evaluation. Employees were advised to submit any
objections regarding the list by 27.01.2025. After reviewing
the objections and deferred applications, a final list was to be
published by 03.01.2025. The examination was then to be
conducted on 12.01.2025 in Thrissur District.
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4. The petitioner, therefore, filed Ext.P4
objection before the 2nd respondent raising concerns about
her ineligibility. Although it was stated that a final list would be
published before 03.01.2025, after considering the objections
raised by the employees, nothing had materialized.
Subsequently, the petitioner approached this Court filing
W.P.(C) No.663/2025 wherein Ext.P5 interim order was
granted directing the University to permit the petitioner to
appear for the entrance examination for the Diploma in
Livestock Management Course provisionally.
5. The petitioner appeared for the exam on the
basis of the interim order and its result was published by the
respondents. In Ext.P6 list of result, a 'separate rejected list'
was published by the 2nd respondent for the candidates who
had appeared on the basis of direction given by this Court.
Thereafter, the petitioner filed an application seeking direction
to the 2nd respondent to consider the petitioner's candidature
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based on the marks obtained in Ext.P6 which was granted by
this Court by Ext.P7 interim order.
6. Subsequently, this Court disposed of the writ
petition by Ext.P8 judgment. Thereafter, the 2 nd respondent
issued Ext.P9 order sustaining earlier order rejecting the
application for entrance course to the Diploma in Livestock
Management Course holding that her higher qualification do
not qualify the basic qualification required for the course.
Subsequently, the 4th respondent issued Ext.P10 notification
for admission to Diploma in Livestock Management Course to
be scheduled on 21.03.2025.
7. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing the
respondents.
8. The contention of the petitioner is that the
petitioner has a higher qualification of B.Com Degree and
therefore, the petitioner should be treated as qualified for
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admission to Diploma in Livestock Management Course. It is
not disputed that the basic qualification prescribed for
admission to Diploma in Livestock Management Course is
Plus Two and the petitioner does not have Plus Two
qualification.
9. The contention of the petitioner is that the
course JDC undergone by the petitioner should be treated as
equivalent to Plus Two Course. The petitioner would rely on
the judgment of the Hon'ble Apex Court in Jyothi K. K. and
others v. Kerala Public Service Commission and others
[2010 (15) SCC 596].
10. In the judgment in Jyothi K. K. and others
(supra), the Hon'ble Apex Court has held that the qualification
that has to be obtained for higher post obviously gives an
indication that such qualification is definitely higher
qualification than what is prescribed for the lower post. It is to
be noted that here we are dealing with a case of admission to
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a Diploma course. The basic qualification prescribed for
admission is Plus Two or equivalent. The course JDC
undergone by the petitioner is not declared as equivalent to
Plus Two by any authority. Therefore, the judgment in Jyothi
K. K. and others (supra) cannot be of any assistance to the
petitioner.
11. As the petitioner does not have the basic
qualification for admission to the Course of Diploma in
Livestock Management, I find that the writ petition is without
any merit.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:24350
APPENDIX OF WP(C) 11477/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED
02.10.2024, ISSUED BY THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF CERTIFICATE OF THE DEGREE
OF BACHELOR OF COMMERCE ISSUED BY THE
UNIVERSITY OF CALICUT DATED 05.12.2015
Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 20.12
2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE OBJECTION/EXPLANATION
DATED 26.12.2024 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF INTERIM ORDER DATED
08.01.2025 IN W.P(C) NO. 663/2025
Exhibit P6 TRUE COPY OF THE RESULT DATED
28.01.2025 PUBLISHED BY THE 2ND
RESPONDENT
Exhibit P7 TRUE COPY OF INTERIM ORDER DATED
06.02.2025 IN W.P(C) NO. 663/2025
Exhibit P8 TRUE COPY OF JUDGEMENT DATED
14.02.2025 IN W.P(C) NO. 663/2025
Exhibit P9 TRUE COPY OF ORDER DATED 14.03.2025
ISSUED BY 2ND RESPONDENT
Exhibit P10 TRUE COPY OF NOTIFICATION DATED
18.03.2025 ISSUED BY 4TH RESPONDENT
