KERALA PUBLIC SERVICE COMMISSION v. VIJAYALAKSHMI CG, SUDEV KRISHNA SHARMAN G, VRINDA P.M, LAKSHMY V, DR.NIKITHA M, STATE OF KERALA, DIRECTOR OF COLLEGIATE EDUCATION, UNIVERSITY GRANTS COMMISSION (UGC)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE S.V.BHATTI** **&** **THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 8[TH] DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944 OP(KAT) NO. 38 OF 2023** ## **OA (Ekm).No.1378/2022 of KAT,ERNAKULAM** ## **PETITIONER/S:** KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, KERALA, PIN - 695004 BY ADV P.C.SASIDHARAN ## **RESPONDENT/S:** 1 VIJAYALAKSHMI CG AGED 36 YEARS, W/O SANISH T.B, THEKKEVEEDU (H), CHOTTANIKKARA P.O, ERNAKULAM, MOB: 9567795385, KERALA, PIN - 682312 2 SUDEV KRISHNA SHARMAN G AGED 37 YEARS, S/O P.GOPALAKRISHNAN NAMBOOTHIRI, PARAPPURATH ILLAM, NADUVATHU P.O., WANDOOR, MALAPPURAM DISTRICT., KERALA, PIN - 679328 3 VRINDA P.M AGED 35 YEARS, D/O VASUDEV V, VALLIYIL (H), PATHIRIKKODE, CHATHAKKAD ROAD, ELANKUR PO, MALAPPURAM, KERALA, PIN - 676122 4 LAKSHMY V, AGED 32 YEARS, D/O ASOKAN P, VAYYATTU VEEDU, SOUTH VILLAGE, PERINKULAM P.O, ALATHUR, PALAKKAD-, KERALA., PIN - 678542 5 DR.NIKITHA M AGED 35 YEARS, W/O PRAJEED K, MAMPALLAM (H), MUTHALAMADA P.O, PALAKKAD-, KERALA., PIN - 678507 ## **OP(KAT) NO. 38 OF 2023** -2- 6 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001 7 DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA., PIN - 695033 8 UNIVERSITY GRANTS COMMISSION (UGC) REPRESENTED BY THE SECRETARY, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI, KERALA, PIN - 110002 BY ADVS. VARUN C.VIJAY S. Krishnamoorthy S SRI.S.KRISHNAMOORTHY, CGC(CG-74) ## **OTHER PRESENT:** SMT. MARY BEENA JOSEPH - SR. GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **OP(KAT) NO. 38 OF 2023** -3- ## **S.V.BHATTI & BASANT BALAJI, JJ.** - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - ## **OP(KAT) NO. 38 OF 2023** - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - ## JUDGMENT (Dated this the 8[th] day of February 2023) ## Basant Balaji J., The Kerala Public Service Commission (for short 'the PSC'), the first respondent in O.A. No.1378 of 2022 before the Kerala Administrative Tribunal has filed this Original Petition impugning the order 25.10.2022, whereby the Original Application was allowed. 2. On 11.12.2019, the PSC issued Annexure - Al notification for the post of Assistant Professor in Sanskrit (Sahitya) for two vacancies in the scale of UGC in Collegiate Education department. Applicants who have Masters degree (Sanskrit language) and Literature with at least 55% marks submitted applications and on the basis of the admission tickets received from the PSC, have appeared for the descriptive examination conducted on **OP(KAT) NO. 38 OF 2023** -4- 6.1.2022. On 21.4.2022, PSC issued Annexure - A5 Erratum notification whereby qualification prescribed in Annexure-A1 was modified. |Notification date|Name of the Post|Qualification<br>prescribed| |---|---|---| |11.12.2019|Assistant Professor in<br>Sanskrit (Sahitya)|1.Masters Degree in<br>the concerned subject<br>with atleast 55%<br>marks or its equivalent<br>and good academic<br>record.<br>2. Must have passed a<br>comprehensive Test in<br>the concerned subject<br>specifically conducted<br>for the purpose by<br>UGC or any other<br>agency<br>duly<br>constituted by the<br>State Government in<br>this behalf.| ## **OP(KAT) NO. 38 OF 2023** -5- |||When qualifications are<br>equal preference shall be<br>given to those candidates<br>who possess adequate<br>knowledge in Malayalam.| |---|---|---| |Erratum Notification<br>dated 21.4.2022|- do -|Masters degree in<br>Sanskrit with at least<br>55% marks.<br>Note:- Whenever the<br>requirement is for a<br>particular subject to be<br>taught in Sanskrit,<br>candidates with MA<br>(Special) in the subject<br>to be taught alone<br>shall be eligible for<br>selection.| 3. The applicant contended that as per Annexure.Al notification M.A. Masters degree in the concerned subject or with at least 55% marks or its equivalent and good academic report was the qualification required for applying to the post of Assistant Professor. But after the issuance of Annexure- A5 Erratum notification, the applicants and **OP(KAT) NO. 38 OF 2023** similarly situated persons who are having MA Degree in Sanskrit and Literature are excluded from eligibility shown for the selection of appointment for the post of Assistant Professor in Sanskrit (Sahitya). Annexure - A4 was a notification for recruitment to the post of Lecturer in Sanskrit (General) and the qualification prescribed for the said post was as that of Annexure-A1 notification. While inviting applications for Annexure-A4 notification, persons with Masters degree in Sanskrit (Sahitya) as well as Masters Degree in Sanskrit (General) were also considered for selection as the qualification and applicant with equivalent and good academic record is also eligible for apply. Therefore, the Erratum notification issued is illegal and liable to be set aside. 4. A reply statement has been filed on behalf of the **OP(KAT) NO. 38 OF 2023** -7- first respondent in which it was contended that after the descriptive test was conducted on 6.1.2022, it was found that the two reported vacancies are from the Sanskrit Colleges and hence, the notification was published erroneously with the qualification for the post of Assistant Professor (Sanskrit) in Collegiate Education department (Arts and Science) College and that there is difference in qualification for the post of Assistant Professor in Sanskrit in Arts and Science colleges and Sanskrit colleges. For Sanskrit colleges, the candidate should hold MA (special) in the subject to be taught, which alone is the eligibility criteria. Equivalent qualification is not described for the post in Sanskrit Colleges. 5. As per the special Rules Amendment brought out in 1994, the candidates with MA (Special) in the subject to be **OP(KAT) NO. 38 OF 2023** -8- taught alone shall be eligible. The Erratum notification is issued when the mistake was noticed as per para 15 of KPSC Rules of Procedure which empowers the PSC to correct any clerical, typographical, arithmetic or other mistakes in the rank list or short list or errors etc. arising therein from any slip or omission at any time either on its motion or on the application of any other parties concerned. The learned Tribunal held that as per clause 4(1) of the UGC Regulations of 2018 the qualification for appointment as Assistant Professor is Masters Degree with minimum 55% marks in any concerned/ allied subjects from any Indian University or an equivalent degree from Accredited Foreign University and also must have cleared National Eligibility Test or similar test accredited by the UGC. The special rules though do not permit reckoning of equal **OP(KAT) NO. 38 OF 2023** -9- qualification, the UGC regulations permit the same and therefore, the erratum notification was set aside and it was declared that the applicant shall be treated as regular candidates who submitted applications pursuant to Annexure- Al notification and shall be included in the selection process. 6. Heard Shri P C Sasidharan for the petitioner, Shri. Varun C Vijay for the respondent Nos.1 to 5, learned Government Pleader Smt.Mary Beena Joseph for respondent 6 and 7 and Shri.S Krishnamoorthy, for 8th respondent. 7. The short question to be decided is whether Annexre A5 Erratum notification issued on 21.4.2022 modifying Annexure - Al notification issued on 11.12.2019 to the extent of the qualification prescribed is to be **OP(KAT) NO. 38 OF 2023** sustained or not. 8. Annexure- Al notification prescribes the qualifications as Masters Degree in the concern subject with atleast 55% marks or its equivalent and good academic record whereas by Annexure - A4 Erratum notification, the qualification mentioned above has been modified to the extent that the candidates with MA (special) in the said subject alone shall be eligible for selection. Special Rules was framed in the year 1994. The notification for the selection to the Assistant Professor in Sanskrit (Sahitya) was issued on 11.12.2019. Even though special rules were in force, the notification was issued not in tune with special rules but was issued in tune with the UGC Regulations 2018. The applicants posses the required qualification prescribed in Annexure Al notification. **OP(KAT) NO. 38 OF 2023** -11- Moreover, they have passed the National Eligibility Test. Thus they are having the prescribed qualification under UGC Regulations 2018. It is also to be noted that the Erratum notification is issued after the written examination was over and by the said notification persons who do not have M.A. Sanskrit in special are taken away from the selection procedure. 9. The counsel for the respondent relied on the decision of a Full Bench of this court reported in **Radhakrishnan Pillai v. Travancore Devaswom Board [2016 (2) KLT 245]** to contend for the proposition that when the State of Kerala had adopted the UGC regulations with effect from 18.9.2010, the Universities and Affiliated colleges in Kerala State are bound to comply with UGC regulations 2010. In paragraph Nos.14 and 17 of the said **OP(KAT) NO. 38 OF 2023** -12- ## decision, it was held thus: “14. According to us, this judgment cannot, in any manner, dilute the principles laid down in the aforesaid judgments for the reason that the State of Kerata itself has adopted the U.G.C. Regulations vide Government Order dated 10 12.2010, which has been extracted in the earlier part of this judgment. Once the UGC Regulations were adopted by the State Government and implemented with effect from 18.9.2010, the Regulations are mandatorily to be complied with by the Universities in the State. It is also clarified that anything that is in conflict with the Central law and the subordinate legislation made thereunder, will be void and inoperative. 17. Therefore, irrespective of whether the University Acts enacted under Entry 25 of List III or the Statutes framed thereunder are amended in line with the U.G.C. Regulations or not, in view of its adoption by the State of Kerala with effect from 18.9.2010 as per Government Order dated 10.12.2010, the Universities and affiliated colleges in Kerala State are bound to comply with the U.G.C. Regulations, 2010. Viewed in that manner, the natural consequence is that the principles laid down by this Court in Raveendran's case cannot be sustained and is overruled.” 10. When the UGC Regulations mandates that appointment to the post of Assistant Professor (Sanskrit) Sahitya should be from those candidates who posses with Masters degree with 55% marks or in a concerned/ relevant **OP(KAT) NO. 38 OF 2023** -13- / allied subject, the applicant cannot contend that in view of the special rules the qualification shall be as stated in Annex - A5 Erratum notification. We have gone through the order of the Tribunal in detail and we are of the considered opinion that the Tribunal was fully justified in setting aside the Erratum notification to the extent that it excludes those candidates who do not have qualification of MA Degree in Sanskrit (special) and directing the PSC to include the applicant in the selection procedure. The grounds raised by the petitioner are not tenable and therefore, the Original Petition fails dismissed accordingly. Sd/- ## **S.V.BHATTI, JUDGE** **sd/BASANT BALAJI, JUDGE** _dl/_ ## **OP(KAT) NO. 38 OF 2023** -14- ## **APPENDIX OF OP(KAT) 38/2023** PETITIONER ANNEXURES |Annexure A1|TRUE COPY OF THE GAZETTE NOTIFICATION| |---|---| ||DATED 11.12.2019 FOR THE POST ASSISTANT| ||PROFESSOR IN SANSKRIT (SAHITYA)| ||(CATEGORY NO.281/2019) UGC SCALE IN THE| ||COLLEGIATE EDUCATION DEPARTMENT| ||PUBLISHED BY THE 1ST RESPONDENT| |Annexure A2|TRUE COPY OF THE MA DEGREE CERTIFICATE| ||DATED 12.07.2010 IN SANKRIT LANGUAGE AND| ||LITERATURE (GENERAL) AWARDED BY THE| ||UNIVERSITY OF CALICUT TO THE 1ST| ||APPLICANT| |Annexure A3|TRUE COPY OF NET CERTIFICATE DATED| ||17.01.2013 IN SANKRIT, AWARDED TO THE| ||1ST APPLICANT| |Annexure A4|TRUE COPY OF THE GAZETTE NOTIFICATION| ||DATED 29.05.2015 FOR THE POST OF| ||LECTURER IN SANSKRIT (GENERAL) (CATEGORY| ||NO. 133/2015) IN THE COLLEGIATE| ||EDUCATION DEPARTMENT ISSUED BY THE 1ST| ||RESPONDENT| |Annexure A5|TRUE COPY OF ERATUM NOTIFICATION BEARING| ||NO. GR.2B3/16/2019-KPSC DATED| ||21.04.2022, ISSUED BY THE 1ST RESPONDENT| |Annexure A6|TRUE COPY OF THE RELEVANT PAGES OF THE| ||UGC REGULATIONS OF MINIMUM| ||QUALIFICATIONS FOR APPOINTMENT OF| ||TEACHERS AND OTHER ACADEMIC STAFF IN| ||UNIVERSITIES AND COLLEGES AND MEASURES| ||FOR THE MAINTENANCE OF STANDARD IN| ||HIGHER EDUCATION, 2018 ISSUED BY THE 4TH| ||RESPONDENT| ## **OP(KAT) NO. 38 OF 2023** -15- Exhibit P1 THE TRUE COPY OF THE APPLICATION IN O.A(EKM) NO.1378/2022 FILED BEFORE THE TRIBUNAL - Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED 20/10/2022 FILED BY THE COMMISSION IN OA EKM 1378/2022 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 25/10/2022 IN O.A(EKM) NO. 1378/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE U.O.NO.2133/2015/ADMIN DATED 03.03.2015, ISSUED BY THE DEPUTY REGISTRAR, UNIVERSITY OF CALICUT. Exhibit R1(b) TRUE COPY OF THE CERTIFICATE DATED 24.12.2019 ISSUED BY THE JOINT REGISTRAR TO THE RESPONDENT NO.2.