Kerala High Court
Jayadas P.G. Aged 27 vs The Cheif Commissionr on 15 June, 2010
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31401 of 2009(U)
1. JAYADAS P.G. AGED 27,
... Petitioner
Vs
1. THE CHEIF COMMISSIONR, TRAVANCORE
... Respondent
2. THE COMMISSIONER, TRAVANCORE
3. THE CULTURAL DIRECTOR, O/O.CULTURAL
4. S.P. BIJU, SHELVANIVAS, CHERTHALA P.O.
For Petitioner :SRI.N.ANILKUMAR
For Respondent :SRI.K.N.VENUGOPALA PANICKER, SC, TDB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 31401 OF 2009 (U)
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Dated this the 15th day of June, 2010
J U D G M E N T
Ext.P6 is a notification issued by the 1st respondent inviting applications to the post of Music Teacher. A copy of the notification has also been produced as Ext.R4(1). The qualifications prescribed in the notification reads as under:
(1) . . .
. (2) / .
5 , 2 . : , ' ' .
2. Among the other applicants, petitioner and the 4th respondent were two candidates. They were also called for interview and finally the 4th respondent was also selected and the petitioner was not selected. It is in these circumstances, the writ WPC No. 31401/09 :2 : petition has been filed challenging the selection of the 4th respondent.
3. The contention raised by the counsel for the petitioner is that he has passed SSLC and Degree in Music and also has the prescribed experience. It is stated that on the other hand, the 4th respondent has passed the examination in Ganabhooshanam with the core subject Violin. It is stated that since the 4th respondent does not have a qualification in Carnatic music, the 4th respondent is ineligible for the post, and therefore, the selection is illegal. Petitioner also refers to Exts.P11 and P12, information obtained by the petitioner from the RLV College of Music where the 4th respondent was a student, to the effect that the core subject of the 4th respondent was Violin and not Vocal music.
4. The 3rd respondent Devaswom Board has filed a counter affidavit. The 3rd respondent disputes the eligibility of the petitioner, in as much as according to the 3rd respondent, the petitioner was ineligible for the reason that he did not have the two years experience as prescribed in the notification. It is stated that in so far as the 4th respondent is concerned, he had produced Ext.R4(3) certificate of final examination in Diploma in Music, which certified that he had passed Diploma in Ganabhooshanam WPC No. 31401/09 :3 : in Vocal Music/Violin. It is stated that they have acted upon Ext.R4 (3) and in view of Ext.R4(3), the contention that the 4th respondent is ineligible is incorrect.
5. The 4th respondent in the counter affidavit has reiterated that the petitioner is ineligible and he is eligible. According to him, in Chapter XXX1 Rule 2 of the KER, pass in Ganabhooshanam Diploma in Vocal Music or Ganabhooshanam Diploma in Violin/Veena conducted by the Commissioner for Government Examinations, Kerala has been recognised as a qualification for Music teacher. For that reason, he says that he is an eligible candidate.
6. The first issue to be examined is the correctness of the contention of the petitioner regarding the ineligibility of the 4th respondent. Ext.R4(3) is the certificate produced by the 4th respondent testifying his eligibility in terms of Ext.P6. Ext.R4(3) shows that in the Ganabhooshanam examination held in June 1998, he has passed practical in second class and theory of music/Mridangam and Sanskrit in third class. On this basis, he has been awarded Ganabhooshanam in Vocal Music/Violin.
7. However, in Ext.P6 notification, the educational qualification prescribed is Degree in Carnatic WPC No. 31401/09 :4 : Music/Ganabhooshanam or Ganapraveena. Therefore, the qualification which a candidate has to possess to claim eligibility in terms of the advertisement is Degree in Carnatic Music or the other qualification specified with Carnatic Music as the Core subject. In this case, the question is whether the 4th respondent satisfies this requirement. In this context, reference to Exts.P11 and P12 needs to be made. Ext.P11 contains the list of Ganabhooshanam Violin students of the RLV College of Music and at Sl.No.1, the name of the 4th respondent is included. This also contains a list of Ganabhooshanam Vocal students and this list does not contain the name of the 4th respondent. This means that the Ganabhooshanam obtained by the 4th respondent is in violin, and if at all, he has studied vocal music, that could not have been as a core subject. If that be so, in my view, he does not satisfy the qualification prescribed in Ext.P6 notification issued by the Devaswom Board.
8. As far as the contention that for the post of music teacher, the qualification specified in Kerala Education Rules recognized Ganabhooshanam in Violin also as a qualification, I am not persuaded to accept that contention for the reason that such a qualification is not included in Ext.P6 notification. WPC No. 31401/09 :5 : Therefore, I must accept the contention of the petitioner that the 4th respondent is ineligible in terms of Ext.P6 notification.
9. The other contention raised by the 3rd and 4th respondents is regarding the ineligibility of the petitioner as he did not satisfy the two year experience prescribed in Ext.P6 notification. True, as contended by the counsel for the 4th respondent, two year experience has been prescribed in the notification issued by the 3rd respondent. Prima facie, Ext.P4, the certificate produced by the petitioner does not satisfy the length of experience as prescribed in Ext.P6 and therefore, the contention on the materials available, the contention raised by the 3rd respondent regarding the ineligibility of the petitioner deserves acceptance.
10. Therefore though I uphold the contention of the petitioner that the 4th respondent is ineligible in terms of Ext.P6 notification, having regard to the fact that the petitioner is ineligible, no relief for his selection or appointment can be granted.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE Rp