2025:KER:27418 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12898 OF 2025 PETITIONER: TOMIN MATHEW AGED 22 YEARS, S/O.MATHEW, PANTHALLOOR (H), KOTHAVARA P.O., VAIKOM, KOTTAYAM DISTRICT, PIN – 686607. BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN JOSE. V.V. (THENGATHARA) ROY JOSEPH ANIES MATHEW AKHIL P.C. ASWATHY SUSAN PAUL RESPONDENTS: 1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ADMINISTRATIVE BLOCK, PRIYADARSINI HILLS POST, ATHIRAMPUZHA, KOTTAYAM, PIN – 686560. W.P.(C)No.12898 of 2025 :2: 2025:KER:27418 2 ST.XAVIERS COLLEGE KOTHAVARA, VAIKOM, KOTTAYAM REPRESENTED BY ITS MANAGER, PIN – 686607. 3 AISWARYA BABU WORKING AS COMPUTER ASSISTANT, ST.XAVIER’S COLLEGE, KOTHAVARA, VAIKOM KOTTAYAM, PIN – 686607. 4 DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN – 695012. 5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS (RULES), SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695001. BY ADV.SMT.ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.12898 of 2025 :3: 2025:KER:27418 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that though he is fully qualified to get appointment as Lower Division Typist/Computer Assistant under the 2nd respondent-College in the interview held on 22.01.2025, he was not given appointment whereas a person (3rd respondent) who is not having the requisite qualification, is given appointment which is under challenge in the writ petition. 2. The 2nd respondent invited applications for the post of Computer Assistant as per Ext.P7 notification. It is evident from Ext.P3 that the post of Typist is re-designated as Computer Assistant. As per Ext.P2, the 5th respondent in consultation with Kerala Public Service Commission has prescribed the qualification for the post of LD Typist in various Departments. The 5th respondent made modification regarding the essential qualification for the post of Typist. As per Ext.P4, W.P.(C)No.12898 of 2025 :4: 2025:KER:27418 the qualifications prescribed for the post of Lower Division Typist are (1) SSLC or its equivalent (2) Lower Grade Certificate in Typewriting Malayalam (KGTE) (3) Lower Grade Certificate in Typewriting English (KGTE) and Computer Word processing or its equivalent. 3. The Public Service Commission, as per Ext.P5, has clarified that all qualifications are equivalent to (1) KGTE (Typewriting - Malayalam (Lower) ) (2) KGTE (Typewriting-English (Lower) and KGTE (Computer word processing Lower) etc. The Mahatma Gandhi University Statutes also clearly state that the requisite qualifications of Lower Division Typist are (1) SSLC or equivalent (2) A Lower Grade Certificate (KGTE) in Malayalam Typewriting or equivalent (3) A Lower Grade Certificate (KGTE/MGTE) in English Typewriting or equivalent. 4. In the light of Exts.P2 to P6, it is evident that Diploma in Computer Application is not the requisite W.P.(C)No.12898 of 2025 :5: 2025:KER:27418 qualification for getting appointment as Lower Division Typist/Computer Assistant. Therefore, the appointment given to the 3rd respondent by the 2nd respondent as LD Computer Assistant in St.Xavier's College, Kothavara, Vaikom is against Statutes and is liable to be set aside by this Court. In an identical case, this Court set aside the appointment given to an incumbent who was not having the requisite qualification to get appointment as LD Typist. 5. I have heard the learned Counsel for the petitioner, the learned Government Pleader representing respondents 4 and 5 and the learned Standing Counsel representing the 1st respondent. In view of the nature of relief to be granted in this writ petition, notice to respondents 2 and 3 is dispensed with. 6. The contention of the petitioner is that the 3rd respondent, who does not satisfy the requisite qualifications for appointment as Lower Division Typist has been selected and W.P.(C)No.12898 of 2025 :6: 2025:KER:27418 appointed in the 2nd respondent-School. As the petitioner has already filed Ext.P14 representation to the 4th respondent in this regard, it would be only just and proper that the 4th respondent considers the matter at the first instance. 7. The respondents submitted that a writ petition is not maintainable against the selection as the petitioner has an efficacious remedy before the University Appellate Tribunal under the Mahatma Gandhi University Act. The writ petition is therefore disposed of directing the 4th respondent to consider Ext.P14 and take appropriate decision thereon in accordance with law, within a period of three months, adverting to Ext.P15, after giving notice to the petitioner and respondents 2 and 3. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12898 of 2025 :7: 2025:KER:27418 APPENDIX OF WP(C) 12898/2025 PETITIONER EXHIBITS Ext.P1 TRUE COPY OF THE CERTIFICATE DATED 13.10.2023, ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA Ext.P2 TRUE COPY OF THE GO(MS)NO.21/2011/P&ARD, DATED 01.07.2011, ISSUED BY THE 5TH RESPONDENT Ext.P3 TRUE COPY OF THE GO(MS)NO.33/2014/GAD DATED 10.02.2014 ISSUED BY THE 5TH RESPONDENT Ext.P4 TRUE COPY OF THE GO(P)NO.15/2018, P&ARD, DATED 27.10.2018, ISSUED BY THE 5TH RESPONDENT Ext.P5 TRUE COPY OF NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 16.08.2023 Ext.P6 TRUE COPY OF THE RELEVANT PAGES OF MAHATMA GANDHI UNIVERSITY STATUTES 1997 DEALING WITH STATUTES 44 OF PART C OF CHAPTER 45, Ext.P7 TRUE COPY OF THE NOTIFICATION DATED 05.11.2024, PUBLISHED BY THE 2ND RESPONDENT Ext.P8 TRUE COPY OF THE NOTICE NO.B1/1/APP/2024 DATED 06.01.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER W.P.(C)No.12898 of 2025 :8: 2025:KER:27418 Ext.P9 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT ON THE BASIS OF THE INTERVIEW CONDUCTED ON 22.01.2025 Ext.P10 TRUE COPY OF THE REPLY TO THE QUESTIONNAIRE UNDER RTI ACT NO.B1- 2/RIA/54/2025, DATED 21.02.2025 ISSUED FROM THE OFFICE THE 2ND RESPONDENT Ext.P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI ACT Ext.P12 TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT DATED 03.03.2025 Ext.P13 TRUE COPY OF THE REPRESENTATION DATED 21.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Ext.P14 TRUE COPY OF THE REPRESENTATION DATED 01.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Ext.P15 TRUE COPY OF THE JUDGMENT DATED 25.05.2022 IN WA NO.193/2022