Kerala High Court
& vs Appellants/ on 12 March, 2015
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 8TH DAY OF JANUARY 2018 / 18TH POUSHA, 1939
WA.No. 2184 of 2015 IN WPC. 1298/2007
AGAINST THE ORDER/JUDGMENT IN WP(C) 1298/2007 of HIGH COURT OF KERALA DATED
12-03-2015
APPELLANTS/RESPONDENTS 1 & 2
1. AGRICULTURAL SCIENTISTS RECRUITMENT BOARD
REPRESENTED BY ITS CHAIRMAN, ASRB INDIAN COUNCIL
OF AGRIUCLTURAL RESEARCH, KRISHI ANUSANDHAN BHAVAN,
PUSA, NEW DELHI-110012
2. THE CONTROLLER OF EXAMINATIONS
AGRICULTURAL SCIENTISTS RECRUITMENT BOARD,
INDIAN COUNCIL OF AGRICULTURAL RRESEARCH,
KRISHI ANUSANDHAN BHAVAN, PUSA, NEW DELHI-110012
BY ADVS.SRI.P.JACOB VARGHESE (SR.)
SRI.VIVEK VARGHESE P.J.
RESPONDENTS/PETITIONER AND RESPONDENT. NO. 3:
1. DR. MAGNA THOMAS
KONUPARAMBIL,1/202, DON BOSCO ROAD,
IRINJALAKUDA, THRISSUR DISTRICT-680 121
2. KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR,MAIN CAMPUS,
KAU POST, THRISSUR-680 658
R2 BY ADV. SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
R BY SRI.P.V.MOHANAN
R BY SRI.BABU JOSEPH KURUVATHAZHA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-01-2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
ANTONY DOMINIC, Ag.C.J & SHIRCY V.,J.
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Writ Appeal No.2184 of 2015
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Dated this the 8th day of January, 2018
JUDGMENT
Antony Dominic, Ag.C.J. Respondents 1 and 2 in W.P(C)No.1298 of 2007 are the appellants. The first respondent herein filed the writ petition seeking a direction to the appellants to issue certificate of the National Eligibility Test Examination conducted by the Indian Council of Agricultural Research during May 2004 to her. The appellants resisted the prayer contending that though the first respondent had participated in the examination, she did not satisfy the conditions specified in Ext.R1(a) notification and that therefore, was not eligible to be issued the certificate. By the judgment under appeal, opining that the 1st respondent deserves discretionary indulgence in larger public interest, the learned Single Judge Writ Appeal No.2184 of 2015 2 ordered the appellants to release the certificate within a period of one month. It is this judgment which is under challenge before us.
2. We heard the counsel for the appellants and the learned counsel appearing for the 1st respondent also.
3. On facts we find that Ext.R1(a) notification was issued by the first appellant inviting applications for Agricultural Research Service/National Eligibility Test Examination 2003. It provided that a candidate who has appeared at an examination, the passing of which rendered him eligible to appear at the examination. It inter alia provided that a candidate to be eligible must have a Masters Degree or a equivalent in the concerned subject with the prescribed specialisation. Note 2 to Clause 3 reads as under:
"NOTE II FOR CANDIDATES APPLYING FOR NET:-
A CANDIDATE WHO HAS APPEARED AT AN EXAMINATION, THE PASSING OF WHICH RENDERED HIM ELIGIBLE TO APPEAR AT THIS EXAMINATION BUT HAS NOT BEEN INFORMED OF THE RESULT MAY APPLY FOR THE ADMISSION TO THE EXAMINATION SUCH CANDIDATES WILL BE ADMITTED Writ Appeal No.2184 of 2015 3 IF OTHERWISE ELIGIBLE, BUT THE ADMISSION WOULD BE DEEMED TO BE PROVISIONAL SUBJECT TO THE CANCELLATION IF THEY DO NOT PRODUCE PROOF OF HAVING PASSED THE EXAMINATION BY 1st FEBRUARY, 2004 IN THE PRESCRIBED FORMAT (ANNEXURE IV), LATEST BY 31st MARCH, 2004 FAILING WHICH IT WILL BE PRESUMED THAT THE CANDIDATE HAS NOT ACQUIRED THE REQUISITE QUALIFICATION BY THE STIPULATED DATE AND THE CANDIDATURE WILL LIABLE TO BE REJECTED WITHOUT NOTICE AND NO CORRESPONDENCE WILL BE ENTERTAINED AFTER THE ABOVE DATE."
4. A reading of the above Note would show that a candidate who has appeared for the examination for Masters Degree would also be eligible to appear for the examination. But however, such candidates were required to produce proof for having passed the examination by 1st February 2004 in the prescribed format and latest by 31.3.2004. The consequences of failure to comply with the said requirement is that the candidate will be presumed not to have acquired the required qualification by the stipulated date. In so far as this case is concerned, on her own showing, the 1st respondent appeared for the Post Graduation Examination only on 6.11.2003 and the results were published on 23.3.2004. However, she did not produce proof of having Writ Appeal No.2184 of 2015 4 passed the examination within the time specified in the notification published by the first appellant. Obviously therefore, on the first respondent's failure to produce proof for having passed for examination within the period prescribed in the notification, she is liable to be presumed not to have acquired the prescribed qualification within the specified period. In such a situation, the appellants were under no obligation to issue certificate to the first respondent having passed the examination conducted in pursuance of Ext.R1(a) notification issued by the first appellant.
5. Such being the case, we are unable to agree with the learned Single Judge in relaxing the terms of the notification. We therefore, cannot uphold the judgment of the learned Single Judge directing the appellants to issue the certificate. The judgment under appeal is accordingly set aside.
Writ Appeal No.2184 of 2015 5
The appeal is allowed and the writ petition will stand dismissed.
ANTONY DOMINIC ACTING CHIEF JUSTICE SHIRCY.V JUDGE smm