IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY,THE15H DAY OF JANUARY201425TH POUSHA, 1935 OP(KAT).No. 4221 of 2012 (Z) ---------------------------------------- AGAINST THE ORDER
IN TA35542012 of KERALAADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED1109-2012 PETITIONERS/RESPONDENTS4AND5 - ---------------------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.
2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGOD. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENTS/APPLICANTS4AND6AND RESPONDENTS13: - ------------------------------------------------------------------------------------------- 1. PRASANTH KUMAR, KASARAGOD P.O., KASARAGOD-671121.
2. SHEENAPPA.B, BAJA HOUSE, NETTANIYE P.O., MULLERIA VIA, KASARAGOD-671543.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.
4. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001.
5. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671001. R1-R2 BY ADV. SRI.KALEESWARAM RAJ R3 -R5 BY Sr. GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS OP KERALAADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON1501-2014, ALONG WITH OPKAT.4375/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT).No. 4221 of 2012 (Z) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS : Exhibit P1 : TRUE COPY OF THE T.A. No.3554 OF2012ALONG WITH EXHIBITS. Exhibit P2 : TRUE COPY OF THE JUDGMENT
IN O.P.(KAT) 3407 OF2012 Exhibit P3 : TRUE COPY OF THE FINAL ORDER
IN T.A. 3554 OF2012 RESPONDENTS' EXHIBITS: Exhibit R1(a) : TRUE COPY OF G.O. (P) No. 117/13/G.Edn DATED3003.2013. // TRUE COPY // P.A. TO JUDGE DMR/- THOTTATHIL B. RADHAKRISHNAN & P. UBAID, JJ.
---------------------------------------------- O.P (KAT) No. 4221 of 2012 & O.P (KAT) No. 4375 of 2012 ----------------------------------------------- Dated this the 15th day of January, 2014 JUDGMENT
Thottathil B. Radhakrishnan J.
1.The private respondents in these original petitions filed by the Kerala Public Service Commission challenging decisions of the Kerala Administrative Tribunal were included in the rank list for the category of High School Assistants in Physical Science. Later, they were issued show cause notices on the premise that they did not possess appropriate qualification in terms of the prescriptions in the notification read in the light of the G.O (MS) 245/2010/G.Edn dated 25.11.2010. They moved the Tribunal. The learned Tribunal followed the law stated in Swapna Sukumar v. State of Kerala [2013 (3) KLT53 and held that if an applicant has studied Physics and Chemistry at the graduate level, that was sufficient qualification. The Government Order noted above was held as invalid to the extent it was noted to be contrary. 2.The law stated in Swapna Sukumar (supra) is not in dispute before us. O.P KAT) 4221/12 & 4375/12 2 3.The factual situation on which these Original Petitions involve has been noted as hereunder: Petitioners have certificates of having obtained degrees of B.Sc from Mangalore University. Three subjects are mentioned in each of those certificates. The petitioners say that they are to be treated as triple main subjects. It appears that in April 2008, this issue had came for consideration at the hands of the Public Service Commission and Public Service Commission had addressed its views to the Government. It is thus the aforesaid Government Order - G.O(MS)245/2010/G.Edn dated 25.11.2010 came into being. In that Government Order, it was stated that those persons claiming as qualified in terms of such triple main graduation certificates have to choose one among the three subjects as the main subject and then, get a certificate of equivalence of such qualification as equivalent to a degree of any University in Kerala. Such certification can be obtained only from a University in Kerala. On receipt O.P KAT) 4221/12 & 4375/12 3 of such an equivalency certification, a person can claim that as an alternative qualification in terms of the abovenoted Government Order. This means that after 2010, the procedure prescribed by the Government Order has necessarily to run. We say so because, in terms of the scheme of the Kerala Education Act and Rules, the Government have the power to make such prescriptions. When the private respondents herein faced notices of the Public Service Commission to show cause, they attempted to give some explanation on the strength of certain certificates of equivalence issued by the Kannur University earlier. Those certificates did not state whether the certification was as to equivalence qua a particular subject as the main subject. 4.In the aforesaid factual context, the Public Service Commission is justified in saying that the procedure has to be as stated in the aforenoted Government Order and the incumbents will have to produce equalization certificate and answer the show cause O.P KAT) 4221/12 & 4375/12 4 notices issued by the Public Service Commission in that regard. It would only then be feasible for the Public Service Commission to consider whether they could be advised on the strength of the alternative qualifications in accordance with law. 5.Having regard to what is noted above, the learned Tribunal's orders as impugned in these original petitions are set aside and the private respondents are given six weeks' time to produce appropriate materials before the Public Service Commission and answer the respective show cause notices. The Public Service Commission will proceed to decide upon the show cause notices in accordance with law after taking into consideration the answer that the parties will offer. Original petitions are ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE P. UBAID, JUDGE DMR/-