Smitha M. Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1010511
CourtKerala High Court
Decided OnJan-15-2013
JudgeHON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
AppellantSmitha M.
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice mrs. manjula chellur & the honourable mr.justice k.vinod chandran tuesday, the 15th day of january 2013 25th pousha 193 o.p.(kat).no.177 of 2013 (z) --------------------------------------------------------- against the order in o.a.no.876/2012 dated 12 11-2012 of the kerala administrative tribunal at thiruvananthapuram. -------------------- petitioner/applicant:- -------------------------------------- smitha. m., aged 3 years, d/o.manikandan.n., a.p.m.building, vakkom p.o., thiruvananthapuram district ”308. by adv. sri.anil k.narendran. respondents/ respondents:- -------------------------------------------------- 1. the state of kerala, rep.by the secretary to government, home department, government secretariat, thiruvananthapuram ”001. 2. the director, office of the director of forensic science laboratory (police department), pattom palace p.o., thiruvananthapuram ”004. 3. the kerala public service commission, thulasi hills, pattom palace p.o., thiruvananthapuram ”004. rep.by its secretary. r1 & r2 by senior government pleader sri.p.i.davis. r3 by standing counsel sri.p.c.sasidharan. this original petition (kerala administrative tribunal) having come up for admission on 15-01-2013, the court on the same day delivered the following:- op(kat) no.177/2013 appendix petitioner's exhibits/annexures:- -------------------------------------------------------- ext.p1 - true copy of order dt.12.11.2012 in o.a.no.876/2012 of the kerala administrative tribunal at thiruvananthapuram. ext.p2 - true copy of o.a.no.876/2012 filed before the k.a.t., thiruvananthapuram. annexure a14 - true copy of initmation dated 26 3.2012 issued to the applicant by the 3rd respondent (along with its true english translation). annexure a15 - true copy of erratum notifiction dated 18 3.2012 issued by the 3rd respondent. annexure a1 - true copy of degree certificate dated 13 3.2012 issued to the applicant, by the university of kerala, in relation to b.sc. polymer chemistry. annexure a2 - true copy of the degree certificate dated 16 2.2005 issued to the applicant, by mahatma gandhi university, in relation to m.sc. polymer chemistry. annexure a3 - true copy of degree certificate dated 7 2.2006 issued to the applicant, by the university of kerala, in relation to b.ed. physical science. annexure a4 - true copy of degree certificate dated 30 1.2009 issued to the applicant, by mahatma gandhi university, in relation to m.phil. in chemistry (polymer chemistry). annexure a5 - true copy of certificate dated 4 7.2007 of the state eligibility test - may 2007.issued to the applicant by directorate of higher secondary education, kerala. annexure a6 - true copy of communication dated 8 12.2011 issued to the applicant, by the council of scientific & industrial research, certifying that she has secured 0043 0970 rank in the subject chemical sciences under eligibility for lectureship (net) category. annexure a7 - true copy of certificate dated 16 6.2004 issued to the applicant, by the university of kerala. annexure a8 - true copuy of certificate dated 20 12.2004 issued to the applicant, by mahatma gandhi university. annexure a9 - true copy of the relevant extract of restructured curriculum and syllabi prescribed by mahatma gandhi university with effect from 200 admission, for all m.sc. programmes in chemistry. op(kat) no.177/2013 - 2 - annexure a10 - true copy of notification dated 29 5.2009 issued by the 3rd respondent for direct recruitment to the post of scientific assistant (chemistry) in the police (forensic science laboratory). annexure a11 - true copy of admission ticket issued to the applicant, by the 3rd respondent, in relation to the written test, held on 5.12.2009 (along with its true english translation). annexure a12 - true copy of notification dated 7 4.2011 issued by the 3rd respondent, publishing the shortlist of candidates found provisionally eligible to be called for interview for selection to the post of scientific assistant (chemistry) in the police (forensic science laboratory). annexure a13 - true copy of initmation dated 6 7.2011 issued to the applicant, by the 3rd respondent (along with its true english translation). annexure a16 - true copy of the relevant extract of notification dated 17 4.2012 issued by the 3rd respondent, publishing interview programme for the month of may, 2012. ext.p3 - true copy of order dated 4 5.2012 issued by k.a.t. in o.a. no.876/2012. ext.p4 - true copy of the ranked list published by the 3rd respondent for the post of scientific assistant (chemistry) in the police (forensic science laboratory), which came into force with effect from 1 8.2012. ext.p5 - true copy of appointment chart published by the 3rd respondent, regarding the advice made on 24.9.2012, to the post of scientific assistant (chemistry) in the police (f.s.l.). ext.p6 - true copy of the relevant extract of the scheme of work and examinations for branch iii - m.sc. chemistry and branch ivb - m.sc. polymer chemistry prescribed in the restructured curriculum and syllabi prescribed by mahatma gandhi university, with effect from 200 admission, for all m.sc. programmes in chemistry. ext.p7 - true copy of order dated 5 1.2009 issued by mahatma gandhi university, equating m.sc. degree in analytical chemistry, polymer chemistry and applied chemistry with m.sc. degree in chemistry. respondent's exhibits:- --------------------------------------- nil. ( true copy ) manjula chellur, c.j.& k.vinod chandran, j.---------------------------------------- o.p.(kat).no.177 of 2013-z ----------------------------------------- dated this, the 15th day of january, 2013 judgment k.vinod chandran,j.: the petitioner impugns the order of the kerala administrative tribunal (kat), which upheld the action of the public service commission (psc) excluding the name of the petitioner from the short list prepared for appointment to the post of scientific assistant (chemistry) in the police (forensic science laboratory).2. psc, by annexure a10, invited applications for the post, wherein the essential qualification was "post graduate degree in chemistry, with not less than 50% marks from a recognised university". the petitioner, who had a post graduate degree in polymer chemistry as also having acquired the national eligibility test (net) conducted by the university grants commission (ugc), applied for the same and was also included in the probability list. thereupon, on verification of the certificates, the petitioner was found to be not having the notified qualification and was excluded from the short-list prepared for the post. op(kat).177/2013 - 2 - 3. claim made before the tribunal, as also, before us was that the post graduate qualification acquired by the petitioner in polymer chemistry is equivalent to that in chemistry and that the very fact that she has cleared net examination would evidently demonstrate that she has the required post graduate qualification in chemistry. on the basis of rule 10(a)(ii) of the kerala state and subordinate services rules, 1958, for short "k.s. & s.s.r.", she sought for a declaration that she is qualified to be appointed to the post notified as per annexure a10. the tribunal rejected the same relying on the decision of a full bench of this court in suma v. kerala public service commission, 2011 (1) klt 1 (fb).4. the learned counsel for the petitioner invited us to look into annexure a9 as also the restructured curriculum and syllabi prescribed by the mahatma gandhi university to declare equivalency of post graduate degrees in chemistry and polymer chemistry.5. admittedly, annexure a10 notification required as essential post graduate degree in chemistry with not less than 50% marks and the petitioner's post graduate degree was in polymer chemistry. the acquisition of net would not enable us to infer the post graduate degree in polymer chemistry is akin to that in op(kat).177/2013 - 3 - chemistry. in any event, the net conducted by the ugc is only a threshold eligibility criteria for being considered to teaching posts in universities under the ugc. we are not, in this original petition, concerned with any teaching post under the ugc and the appointment is to the post of scientific assistant (chemistry) in the police (forensic science laboratory). a full bench of this court in suma's case (supra) considered the various provisions of the k.s. & s.s.r. and held so:- "consequently, we come to the conclusion that under the scheme of k.s. & s.s.r., the public service commission is incompetent to deal with the question of equivalence of educational or other qualifications prescribed by the special rules, unless the special rules provide for the recognition of qualifications other than the prescribed qualifications as equivalent to the qualifications prescribed". hence, the power of the psc to deal with question of equivalence with respect to educational or other qualifications is no longer res integra.6. the contention raised by the learned counsel for the petitioner relying on annexure a9 also cannot be countenanced. sitting in review of the decision of the psc refusing to entertain the application of the petitioner to the post notified as per annexure a10, op(kat).177/2013 - 4 - this court cannot go into a roving enquiry as to whether the curriculum and syllabi for post graduation in polymer chemistry and chemistry are similar for the purpose of equation of both the courses. looking at annexure a9, it is clearly discernible that even the post graduate courses offered in that branch of science are in "chemistry", "analytical chemistry", polymer chemistry", "applied chemistry", etc., treating them as separate and distinct courses. annexure a8 issued by the mahatma gandhi university treating post graduate degree in polymer chemistry and chemistry as equivalent cannot hold sway over the psc, since the university is not an authority competent to prescribe qualifications for appointment to the posts in the services of the state. the government has the exclusive domain over prescription of qualifications for such appointment. annexure a8, hence, has no bearing to the appointments which are the subject matter in the original petition and annexure a9 does not at all lead to any inference which would persuade this court to equate post graduate degrees in two allied but separate subjects, though coming under the common nomenclature of "chemistry". we draw further support for the above position from an unreported decision of a division bench of this court in o.p.(kat).no.3407 of op(kat).177/2013 - 5 - 2012 dated 16.10.2012. we are unable to find any legal sustenance for the grounds raised in support of the claim of the petitioner. in view of what has been stated above, we decline to interfere with the orders of the tribunal and dismiss the original petition, however, with no costs. sd/- manjula chellur, chief justice sd/- k.vinod chandran, vku/16.01. judge. - true copy -
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF JANUARY 2013 25TH POUSHA 193 O.P.(KAT).No.177 of 2013 (Z) --------------------------------------------------------- AGAINST THE ORDER IN O.A.NO.876/2012 DATED 12 11-2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM. -------------------- PETITIONER/APPLICANT:- -------------------------------------- SMITHA. M., AGED 3 YEARS, D/O.MANIKANDAN.N., A.P.M.BUILDING, VAKKOM P.O., THIRUVANANTHAPURAM DISTRICT ”

308. BY ADV. SRI.ANIL K.NARENDRAN. RESPONDENTS/ RESPONDENTS:- -------------------------------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ”

001.

2. THE DIRECTOR, OFFICE OF THE DIRECTOR OF FORENSIC SCIENCE LABORATORY (POLICE DEPARTMENT), PATTOM PALACE P.O., THIRUVANANTHAPURAM ”

004.

3. THE KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM ”

004. REP.BY ITS SECRETARY. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS. R3 BY STANDING COUNSEL SRI.P.C.SASIDHARAN. THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- OP(KAT) NO.177/2013 APPENDIX PETITIONER'S EXHIBITS/ANNEXURES:- -------------------------------------------------------- EXT.P1 - TRUE COPY OF ORDER DT.12.11.2012 IN O.A.NO.876/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM. EXT.P2 - TRUE COPY OF O.A.NO.876/2012 FILED BEFORE THE K.A.T., THIRUVANANTHAPURAM. ANNEXURE A14 - TRUE COPY OF INITMATION DATED 26 3.2012 ISSUED TO THE APPLICANT BY THE 3RD RESPONDENT (ALONG WITH ITS TRUE ENGLISH TRANSLATION). ANNEXURE A15 - TRUE COPY OF ERRATUM NOTIFICTION DATED 18 3.2012 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A1 - TRUE COPY OF DEGREE CERTIFICATE DATED 13 3.2012 ISSUED TO THE APPLICANT, BY THE UNIVERSITY OF KERALA, IN RELATION TO B.Sc. POLYMER CHEMISTRY. ANNEXURE A2 - TRUE COPY OF THE DEGREE CERTIFICATE DATED 16 2.2005 ISSUED TO THE APPLICANT, BY MAHATMA GANDHI UNIVERSITY, IN RELATION TO M.Sc. POLYMER CHEMISTRY. ANNEXURE A3 - TRUE COPY OF DEGREE CERTIFICATE DATED 7 2.2006 ISSUED TO THE APPLICANT, BY THE UNIVERSITY OF KERALA, IN RELATION TO B.Ed. PHYSICAL SCIENCE. ANNEXURE A4 - TRUE COPY OF DEGREE CERTIFICATE DATED 30 1.2009 ISSUED TO THE APPLICANT, BY MAHATMA GANDHI UNIVERSITY, IN RELATION TO M.Phil. IN CHEMISTRY (POLYMER CHEMISTRY). ANNEXURE A5 - TRUE COPY OF CERTIFICATE DATED 4 7.2007 OF THE STATE ELIGIBILITY TEST - MAY 2007.ISSUED TO THE APPLICANT BY DIRECTORATE OF HIGHER SECONDARY EDUCATION, KERALA. ANNEXURE A6 - TRUE COPY OF COMMUNICATION DATED 8 12.2011 ISSUED TO THE APPLICANT, BY THE COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH, CERTIFYING THAT SHE HAS SECURED 0043 0970 RANK IN THE SUBJECT CHEMICAL SCIENCES UNDER ELIGIBILITY FOR LECTURESHIP (NET) CATEGORY. ANNEXURE A7 - TRUE COPY OF CERTIFICATE DATED 16 6.2004 ISSUED TO THE APPLICANT, BY THE UNIVERSITY OF KERALA. ANNEXURE A8 - TRUE COPUY OF CERTIFICATE DATED 20 12.2004 ISSUED TO THE APPLICANT, BY MAHATMA GANDHI UNIVERSITY. ANNEXURE A9 - TRUE COPY OF THE RELEVANT EXTRACT OF RESTRUCTURED CURRICULUM AND SYLLABI PRESCRIBED BY MAHATMA GANDHI UNIVERSITY WITH EFFECT FROM 200 ADMISSION, FOR ALL M.Sc. PROGRAMMES IN CHEMISTRY. OP(KAT) NO.177/2013 - 2 - ANNEXURE A10 - TRUE COPY OF NOTIFICATION DATED 29 5.2009 ISSUED BY THE 3RD RESPONDENT FOR DIRECT RECRUITMENT TO THE POST OF SCIENTIFIC ASSISTANT (CHEMISTRY) IN THE POLICE (FORENSIC SCIENCE LABORATORY). ANNEXURE A11 - TRUE COPY OF ADMISSION TICKET ISSUED TO THE APPLICANT, BY THE 3RD RESPONDENT, IN RELATION TO THE WRITTEN TEST, HELD ON 5.12.2009 (ALONG WITH ITS TRUE ENGLISH TRANSLATION). ANNEXURE A12 - TRUE COPY OF NOTIFICATION DATED 7 4.2011 ISSUED BY THE 3RD RESPONDENT, PUBLISHING THE SHORTLIST OF CANDIDATES FOUND PROVISIONALLY ELIGIBLE TO BE CALLED FOR INTERVIEW FOR SELECTION TO THE POST OF SCIENTIFIC ASSISTANT (CHEMISTRY) IN THE POLICE (FORENSIC SCIENCE LABORATORY). ANNEXURE A13 - TRUE COPY OF INITMATION DATED 6 7.2011 ISSUED TO THE APPLICANT, BY THE 3RD RESPONDENT (ALONG WITH ITS TRUE ENGLISH TRANSLATION). ANNEXURE A16 - TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION DATED 17 4.2012 ISSUED BY THE 3RD RESPONDENT, PUBLISHING INTERVIEW PROGRAMME FOR THE MONTH OF MAY, 2012. EXT.P3 - TRUE COPY OF ORDER DATED 4 5.2012 ISSUED BY K.A.T. IN O.A. NO.876/2012. EXT.P4 - TRUE COPY OF THE RANKED LIST PUBLISHED BY THE 3RD RESPONDENT FOR THE POST OF SCIENTIFIC ASSISTANT (CHEMISTRY) IN THE POLICE (FORENSIC SCIENCE LABORATORY), WHICH CAME INTO FORCE WITH EFFECT FROM 1 8.2012. EXT.P5 - TRUE COPY OF APPOINTMENT CHART PUBLISHED BY THE 3RD RESPONDENT, REGARDING THE ADVICE MADE ON 24.9.2012, TO THE POST OF SCIENTIFIC ASSISTANT (CHEMISTRY) IN THE POLICE (F.S.L.). EXT.P6 - TRUE COPY OF THE RELEVANT EXTRACT OF THE SCHEME OF WORK AND EXAMINATIONS FOR BRANCH III - M.Sc. CHEMISTRY AND BRANCH IVB - M.Sc. POLYMER CHEMISTRY PRESCRIBED IN THE RESTRUCTURED CURRICULUM AND SYLLABI PRESCRIBED BY MAHATMA GANDHI UNIVERSITY, WITH EFFECT FROM 200 ADMISSION, FOR ALL M.Sc. PROGRAMMES IN CHEMISTRY. EXT.P7 - TRUE COPY OF ORDER DATED 5 1.2009 ISSUED BY MAHATMA GANDHI UNIVERSITY, EQUATING M.Sc. DEGREE IN ANALYTICAL CHEMISTRY, POLYMER CHEMISTRY AND APPLIED CHEMISTRY WITH M.Sc. DEGREE IN CHEMISTRY. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL. ( TRUE COPY ) Manjula Chellur, C.J.

& K.Vinod Chandran, J.

---------------------------------------- O.P.(KAT).No.177 of 2013-Z ----------------------------------------- Dated this, the 15th day of January, 2013 JUDGMENT K.Vinod Chandran,J.: The petitioner impugns the order of the Kerala Administrative Tribunal (KAT), which upheld the action of the Public Service Commission (PSC) excluding the name of the petitioner from the short list prepared for appointment to the post of Scientific Assistant (Chemistry) in the Police (Forensic Science Laboratory).

2. PSC, by Annexure A10, invited applications for the post, wherein the essential qualification was "Post Graduate Degree in Chemistry, with not less than 50% marks from a recognised University". The petitioner, who had a post graduate degree in Polymer Chemistry as also having acquired the National Eligibility Test (NET) conducted by the University Grants Commission (UGC), applied for the same and was also included in the probability list. Thereupon, on verification of the certificates, the petitioner was found to be not having the notified qualification and was excluded from the short-list prepared for the post. OP(KAT).177/2013 - 2 - 3. Claim made before the Tribunal, as also, before us was that the post graduate qualification acquired by the petitioner in Polymer Chemistry is equivalent to that in Chemistry and that the very fact that she has cleared NET examination would evidently demonstrate that she has the required post graduate qualification in Chemistry. On the basis of Rule 10(a)(ii) of the Kerala State and Subordinate Services Rules, 1958, for short "K.S. & S.S.R.", she sought for a declaration that she is qualified to be appointed to the post notified as per Annexure A10. The Tribunal rejected the same relying on the decision of a Full Bench of this Court in Suma v. Kerala Public Service Commission, 2011 (1) KLT 1 (FB).

4. The learned counsel for the petitioner invited us to look into Annexure A9 as also the restructured curriculum and syllabi prescribed by the Mahatma Gandhi University to declare equivalency of post graduate degrees in Chemistry and Polymer Chemistry.

5. Admittedly, Annexure A10 notification required as essential post graduate degree in Chemistry with not less than 50% marks and the petitioner's post graduate degree was in Polymer Chemistry. The acquisition of NET would not enable us to infer the post graduate degree in Polymer Chemistry is akin to that in OP(KAT).177/2013 - 3 - Chemistry. In any event, the NET conducted by the UGC is only a threshold eligibility criteria for being considered to teaching posts in Universities under the UGC. We are not, in this Original Petition, concerned with any teaching post under the UGC and the appointment is to the post of Scientific Assistant (Chemistry) in the Police (Forensic Science Laboratory). A Full Bench of this Court in Suma's case (supra) considered the various provisions of the K.S. & S.S.R. and held so:- "Consequently, we come to the conclusion that under the scheme of K.S. & S.S.R., the Public Service Commission is incompetent to deal with the question of equivalence of educational or other qualifications prescribed by the Special Rules, unless the Special Rules provide for the recognition of qualifications other than the prescribed qualifications as equivalent to the qualifications prescribed". Hence, the power of the PSC to deal with question of equivalence with respect to educational or other qualifications is no longer res integra.

6. The contention raised by the learned counsel for the petitioner relying on Annexure A9 also cannot be countenanced. Sitting in review of the decision of the PSC refusing to entertain the application of the petitioner to the post notified as per Annexure A10, OP(KAT).177/2013 - 4 - this Court cannot go into a roving enquiry as to whether the curriculum and syllabi for post graduation in Polymer Chemistry and Chemistry are similar for the purpose of equation of both the courses. Looking at Annexure A9, it is clearly discernible that even the post graduate courses offered in that branch of science are in "Chemistry", "Analytical Chemistry", Polymer Chemistry", "Applied Chemistry", etc., treating them as separate and distinct courses. Annexure A8 issued by the Mahatma Gandhi University treating post graduate degree in Polymer Chemistry and Chemistry as equivalent cannot hold sway over the PSC, since the University is not an authority competent to prescribe qualifications for appointment to the posts in the services of the State. The Government has the exclusive domain over prescription of qualifications for such appointment. Annexure A8, hence, has no bearing to the appointments which are the subject matter in the Original Petition and Annexure A9 does not at all lead to any inference which would persuade this Court to equate post graduate degrees in two allied but separate subjects, though coming under the common nomenclature of "Chemistry". We draw further support for the above position from an unreported decision of a Division Bench of this Court in O.P.(KAT).No.3407 of OP(KAT).177/2013 - 5 - 2012 dated 16.10.2012. We are unable to find any legal sustenance for the grounds raised in support of the claim of the petitioner. In view of what has been stated above, we decline to interfere with the orders of the Tribunal and dismiss the Original Petition, however, with no costs. Sd/- Manjula Chellur, Chief Justice Sd/- K.Vinod Chandran, vku/16.01. Judge. - true copy -