IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WA.No. 2955 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.24666/2007 .................... APPELLANTS/RESPONDENTS IN W.P.(C) -------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENT/PETITIONER IN W.P(C) -------------------------------------------- SANTHI.S., W/O.SIVADASAN.V., HARISREE NIVAS, PAPPANCHALLA GOVINDAPURAM POST, MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ========================== W.A.No.2955 of 2007 ======================== Dated this the 3rd day of January, 2008. JUDGMENT Balakrishnan Nair,J. Respondents in W.P.(C) No.24666 of 2007 are the appellants. The first appellant - Public Service Commission issued Ext.P7 notification inviting applications for appointment to the post of H.S.A. Teacher (Sociology) (Junior). The qualifications prescribed for the post were Post Graduate Degree in Sociology with not less than 50% marks or equivalent and B.Ed. degree obtained through regular study or equivalent. The first preference is given to (i) the candidates with B.Ed. degree in the concerned subject and then (ii) the candidates with B.Ed. degree in the concerned faculty. Candidates with B.Ed. degree in any subject will also be considered in the absence of persons with B.Ed. degree under items (i) and (ii). The petitioner has Post Graduate Degree in Sociology. She obtained the B.Ed. degree from the Indira Gandhi National Open University. Since WA 2955/07 -: 2 :- the said degree was not obtained after undergoing regular course of study, her application was rejected by the Public Service Commission on the ground that she was not qualified. Challenging the said decision of the Public Service Commission, the Writ Petition was filed. 2. The petitioner relied on Ext.P4 equivalency certificate issued by the Calicut University for her B.Ed. degree. The said certificate reads as follows: "Certified that the B.Ed. (2 year) Degree of the Indira Gandhi National Open University, New Delhi after correspondence study has been recognised as equivalent to the B.Ed. degree of this University." She also relied on Ext.P5 order of the Government dated 30.4.2005 concerning the recognisition of the degrees awarded by the Indira Gandhi National Open University. She contended that the equivalent degree need not be obtained after undergoing regular course of study. But according to the Public Service Commission, even in the case of a degree treated as equivalent, the same should be obtained after undergoing regular course of study. The learned single Judge upheld the contentions of the WA 2955/07 -: 3 :- petitioner and allowed the Writ Petition. The learned Judge noticed the decisions of the Division Bench of this Court reported in Public Service Commission v. Abdul Rasheed - 2007(3) K.L.T. 881 and also the decision in State of Kerala v. Sujakumari- 2006(2) K.L.T. 846. We notice that the first decision was concerning the selection to the post of H.S.A. (Arabic) whereas the second decision relates to the post of H.S.S.T. The qualifications prescribed for the post of H.S.A. do not specifically state that the degree should be one obtained after undergoing regular course of study. Though the second decision was concerning the post of H.S.S.T., at the relevant time the Rules did not specifically say that the B.Ed. degree should be one obtained after undergoing regular course of study. So, the said decisions may not be strictly relevant for construing the Rules applicable in this case. The learned single Judge upheld the contentions of the writ petitioner holding that the qualification recognised as equivalent to a B.Ed. degree from any of the Universities in Kerala would be sufficient qualification for the purpose of selection to the post of H.S.S.T. 3. We notice that the Calicut University has given WA 2955/07 -: 4 :- equivalency certificate without any stipulation or condition. Rules only say that the B.Ed. degree should be obtained after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala. In view of Ext.P4 certificate issued by the Calicut University, we are of the view that she should be treated as qualified as observed by the learned Judge. The Public Service Commission cannot be permitted to add words to the qualifications prescribed as per the Rules. 4. In the result, the Writ Appeal is dismissed. But it is clarified that whether B.Ed. degree obtained by the petitioner in the concerned subject or in the concerned faculty, etc. are matters for the Public Service Commission to decide. We do not express any opinion on this point. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 3/1