KERALA PUBLIC SERVICE COMMISSION v. PRAVEEN KUMAR C.P. & STATE OF KERALA

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran
V. G. Arun
Judgment Date: 2019-12-18
Court Decision / Holding: Original petition allowed; Tribunal order set aside; parties shall suffer their respective costs.
Final Disposition: Original petition allowed; Tribunal order set aside; parties shall suffer their respective costs.

Parties to the Case

Appellants / Petitioners

KERALA PUBLIC SERVICE COMMISSION
THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM

Respondents

PRAVEEN KUMAR C.P.
STATE OF KERALA

Legal Representation & Advocates

Counsels for Petitioners

• Sri P.C. Sasidharan, SC, KPSC

Counsels for Respondents

• Smt. M.C. Siny
• Sri P.N. Santhosh

Case Synopsis & Summary

This is an OP(KAT) filed by the Kerala Public Service Commission challenging the Kerala Administrative Tribunal's directive to include Praveen Kumar C.P. in the rank-list for the post of High School Assistant (Natural Science) in Malayalam Medium. The notification (Ext.P1) invited applications for HSA (Natural Science) under category no.659/2012. The applicant had a B.Sc Botany and a Postgraduate in Botany, with a B.Ed. degree from the University of Mysore, certificate of which is Annexure A3. The Tribunal held that the applicant possessed a B.Ed. in Biological Science from Mysore University, creating a doubt about the subject of the B.Ed. qualification and about eligibility to teach Chemistry since the State requires graduation in the subject taught. Equivalency certificates (Annexure A4) issued by Calicut University, recognizing B.Ed. Biological Science as equivalent to B.Ed. Natural Science, were relied upon by the applicant, and Government Order Annexure P1(A10) acknowledged this equivalence. The respondents contended that equivalency issued post-notification could not apply to the current selection. Citing Lalitha Bai and Rajasree, and relying on Arya K. Babu’s decision in Arya K. Babu (2019) 8 SCC 587, the court ultimately held that equivalency cannot override the notification. The Kerala High Court set aside the Tribunal’s order, allowing the petition, with each side bearing costs.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the B.Ed. degree evidence and the Calicut University equivalency certificate (AnnexA4) recognize B.Ed Biological Science as equivalent to B.Ed Natural Science. They contended that the Tribunal erred in treating the B.Ed qualification as Biological Science rather than Natural Science and that the equivalency, issued after the notification, should be applied to this selection only if notified; they relied on jurisprudence including Arya K. Babu to emphasize that equivalency must be specified in the notification.

Contentions of Respondents

The respondents contended that the B.Ed. subject must be specifically in Natural Science to qualify for the HSA post; they argued the equivalence cannot be used post-notification to override the notified qualifications, and that the Tribunal’s approach contravenes the notification’s explicit requirements.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Lalitha Bai v. Public Service Commission	1999 (2) KLT 894	Mentioned Only	Cited in the judgment as part of prior jurisprudence but not treated as controlling in the decision.
Rajasree v. State of Kerala	2009 (1) KLT 259	Mentioned Only	Cited in the judgment but not applied as a binding rule in the present case.
Zonal Manager, Bank of India & Others v. Arya K. Babu and Another	(2019) 8 SCC 587	Positive	Supreme Court decision relied upon to indicate that equivalency must be specified in the notification; the current judgment aligns with the principle that post-notification equivalency cannot be used to override the notified qualifications.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **OP(KAT).No.518 OF 2019** **AGAINST THE ORDER IN OA NO.1525/2019 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 & 2:** |**1**|**KERALA PUBLIC SERVICE COMMISSION**| |---|---| ||**REPRESENTED BY ITS SECRETARY, THULASI HILLS,**| ||**PATTOM PALACE P.O., THIRUVANANTHAPURAM,**| ||**KERALA-695 004.**| |**2**|**THE DISTRICT OFFICER,**| ||**KERALA PUBLIC SERVICE COMMISSION,**| ||**DISTRICT OFFICE, MALAPPURAM-676 505, KERALA.**| ||**BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC**| ## **RESPONDENTS/APPLICANTS & 3RD RESPONDENT:** |**1**|**PRAVEEN KUMAR C.P., AGED 38 YEARS**| |---|---| ||**S/O.NARAYANAN.C.P., CHERIYA PUTHUKULANGARA, IRINJATH**| ||**P.O., PAYYOLI (VIA), KOZHIKODE,**| ||**KERALA-673 523, MOBILE-6238452347.**| |**2**|**STATE OF KERALA,**| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**HIGHER EDUCATION DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001,**| ||**KERALA.**| ||**R1 BY ADV. SMT.M.C.SINY**| ||**R2 BY GOVERNMENT PLEADER SR.GP SRI.P.N.SANTHOSH**| **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 18.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT).No.518 OF 2019 2 **OP(KAT) No.518 of 2019 (Z)** ## **JUDGMENT** **K. Vinod Chandran, J.** **The Kerala State Public Service Commission challenge the order of the Tribunal directing inclusion of the applicant in the rank-list for the post of High School Assistant [Natural Science] [Malayalam Medium]. The parties and documents are referred to from their status in the original application.** **2. The applicant was a candidate pursuant to the notification issued at Ext.P1 for the post of High School Assistant [for brevity, 'HSA'] as indicated above. The qualification required was a Degree in the concerned subject and B.Ed./B.T. in the concerned subject. The Degree and the qualification had to be conferred or** OP(KAT).No.518 OF 2019 3 **recognised by the Universities of Kerala. Applicants for the post of HSA [Natural Science] were required to have their Degree and B.Ed. in either Botany, Zoology, Home Science or Microbiology as main subjects for Graduation or Post Graduation.** **3. The applicant is a Graduate in Botany and also has a Post Graduation in the very same subject. The dispute revolves around her Bachelor of Education qualification, the Certificate of which is produced at AnnexureA3. Immediately we have to notice that it does not specify any subject in which the Degree was awarded.** **4. We hence, at the outset, directed the applicant to produce some evidence as to the subject in which she was awarded B.Ed. The applicant has today produced Annex-R1(a) & (b), which are mark-lists of the course. The** OP(KAT).No.518 OF 2019 4 **applicant's contention is that it was a double Degree enabling the applicant to teach both Biology and Chemistry. Annexure-R1(g) is also a Certificate issued by the Institute in which the applicant carried on the studies, which is affiliated to the University of Mysore.** **5. The Tribunal found that the applicant has a Graduation and Post Graduation in Botany and has obtained a B.Ed. [Biological Science] from the Mysore University. We fail to understand as to how the Tribunal termed the B.Ed. qualification as one in Biological Science, since it is not evident from the Certificates produced.** **6. The learned Counsel for the applicant also showed us the equivalency issued by the Calicut University as also the equivalency granted by the Government. Annexure-A4 is the Equivalency Certificate** OP(KAT).No.518 OF 2019 5 **issued by the University of Calicut, which certifies that B.Ed. [Biological Science] issued by the University of Mysore after regular study is recognised as B.Ed. [Natural Science]. This is the basis for issuance of Annexure-A10 order by the Government, which also equalizes the B.Ed. [Biological Science] Degree issued by the Mysore University. Again, we have to emphasise pertinently that there is nothing in the Certificates indicating that the B.Ed. is in Biological Science. AnnexureA3 merely certifies the applicant being awarded with the Degree of Bachelor of Education without any subject specified. As we noticed, the subjects in which the petitioner is said to have been instructed, as discernible from the mark-sheets inter alia are Biology and Chemistry. In this context we have to pertinently observe that the** OP(KAT).No.518 OF 2019 6 **applicant, at least in the State Of Kerala, would not be able to teach Chemistry as a HSA, since every incumbent has to have graduation in the subject which he/she teaches.** **7. Further confusion arises from Annexure-R1(c), issued by the institute affiliated to the Mysuru University, where the applicant studied, which states so:** _**“His subjects in B.Ed. course were Content cum Methodology 1-Biology and Content cum Methodology 2-Chemistry-[Biological Science].”**_ **How the affiliated College could certify the B.Ed as one in Biological Science is not clear.** **8. The learned Standing Counsel appearing for the PSC also contends that the equivalency issued is after the notification and it could apply only for future selections. Reliance is also placed on two decisions of this Court in** _**Lalitha Bai v. Public Service Commission [1999**_ OP(KAT).No.518 OF 2019 7 _**(2) KLT 894**_ **and** _**Rajasree v. State of Kerala**_ _**[2009 (1) KLT 259].**_ **We accept the contention, especially noticing the decision of the Hon'ble Supreme Court in** _**Zonal Manager, Bank of India & Others v. Arya K. Babu and Another [(2019) 8 SCC 587].**_ **Therein the candidate did not have the qualification specified in the notification, but on the basis of equivalency, this Court allowed the candidate to be continued in the post to the which she was appointed. The Hon'ble Supreme Court deprecated the practice of the High Court granting equivalency and categorically held that the equivalency had to be specified in the notification. The reasoning was also that there would have been many other candidates with the very same qualification, who would not have applied in the belief that the said qualification is not one prescribed in the** OP(KAT).No.518 OF 2019 8 **notification.** **For all the above reasons, we do not agree with the Tribunal and we allow the original petition setting aside the order of the Tribunal. Parties shall suffer their respective costs.** **Sd/-** **K. VINOD CHANDRAN, JUDGE.** **Sd/-** **V.G. ARUN, JUDGE.** **sp/18/12/19** //True Copy// P.A. To Judge OP(KAT).No.518 OF 2019 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA NO.1525 OF 2019 WITH ITS ANNEXURES.** **EXHIBIT P1(A1) TRUE COPY OF THE NOTIFICATION INVITING APPLICATION FOR THE POST OF HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) MALAYALAN (CATEGORY NO.659/2012) PUBLISHED IN THE GAZETTE DATED 31.12.2012.** **EXHIBIT P1(A2) TRUE COPY OF THE B.SC BOTANY CERTIFICATE ISSUED TO THE APPLICANT FROM THE CALICUT UNIVERSITY ON 07.09.2001. EXHIBIT P1(A3) TRUE COPY OF THE B.ED DEGREE CERTIFICATE ISSUED FROM THE UNIVESITY OF MYSORE ON 16.01.2006. EXHIBIT P1(A4) TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT CERTIFYING THAT B.ED (BIOLOGICAL SCIENCE) OF THE UNIVERSITY OF MYSORE AFTER REGULAR STUDY HAS BEEN RECOGNIZED AS EQUIVALENT TO THE B.ED (NATURAL SCIENCE) OF THE UNIVERSITY OF CALICUT ON 05.07.2018. EXHIBIT P1(A5) TRUE COPY OF THE CERTIFICATE OF ONE TIME VERIFICATION DATED 06.01.2018. EXHIBIT P1(A6) TRUE COPY OF THE COMMUNICATION NO.MR1(2)3992/13-(2) DATED 15.01.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1(A7) TRUE COPY OF THE RELEVANT EXTRACTS OF THE RANKED LIST (NO.415/09/SSV) PUBLISHED BY THE KPSC FOR CATEGORY NO.68/07. EXHIBIT P1(A8) TRUE COPY OF THE INTERIM ORDER DATED 30.01.2018 OF THE HON'BLE KAT IN OS (EKM) 257/2018. EXHIBIT P1(A9) TRUE COPY OF THE RELEVANT EXTRACTS OF THE** OP(KAT).No.518 OF 2019 10 **RANKED LIST NO.384/18/SS II FOR CATEGORY NO.659/20912 DATED 04.06.2018.** **EXHIBIT P1(A10) TRUE COPY OF THE GO(MS)NO.S4/2019/HED DATED 07.03.2029 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P1(A11) TRUE COPY OF THE ORDER OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL IN OA(EKM) 257/2018.** **EXHIBIT P1(A12) TRUE COPY OF THE REPRESENTATION FILED BY THE APPLICANT IN OA BEFORE THE 1ST RESPONDENT ON 12.04.2019.** **EXHIBIT P1(A13) TRUE COPY OF THE COMMUNICATION NO.D.R43/50006/18-KPSC DATED 22.06.2019 ISSUED BY THE 1ST RESPONDENT IN OA.** **EXHIBIT P2 REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 1 AND 2.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.09.2019 IN OA NO.1525 OF 2019.** ## **RESPONDENT'S/S EXHIBITS:** - **ANNEXURE R1 A** **THE TRUE COPY OF THE STATEMENT OF MARKS FOR THE FIRST SEMESTER B.ED DEGREE EXAMINATION ISSUED TO THE PETITIONER BY THE UNIVERSITY OF MYSORE.** - **ANNEXURE R1 B THE TRUE COPY OF THE STATEMENT MARKS FOR THE SECOND SEMESTER B.ED DEGREE EXAMINATION ISSUED TO THE PETITIONER BY THE UNIVERSITY OF MYSORE.** **ANNEXURE R1 C THE TRUE COPY OF THE STUDY CERTIFICATE ISSUED BY THE RAMAKRISHNA INSTITUTE OF MORAL AND SPIRITUAL EDUCATION.**