IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.A.ABDUL GAFOOR & THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 18TH DECEMBER 2006 / 27TH AGRAHAYANA 1928 WA.No. 2022 of 2006(C) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18109/2005 Dated 25/07/2006 .................... APPELLANT: PETITIONER IN THE WP --------------------------------------- M.MOIDEEN, S/O.ALAVI HAJI, AGED 38, MULLEPALLIYIL, AMMINIKKAD P.O., PERANTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BENOY THOMAS RESPONDENTS: RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., GENERAL EDUCATION DEPT., THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGH SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY THE SECRETARY, K.P.S.C., PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ ============================= W.A. NO. 2022 OF 2006 ============================== Dated this the 18th day of December 2006 JUDGMENT Abdul Gafoor, J The writ petitioner could not succeed. Therefore, this appeal. 2. He was a candidate for the post of HSST (Sociology), when the Public Service Commission invited application for direct recruitment to that post as per Ext.P1. As per the stipulations in the notification which is based on the special rules for the service, one should have a B.Ed degree in the concerned subject issued or recognised by any of the universities in Kerala. In the absence of B.Ed degree in the concerned subject those who are having B.Ed degree in the concerned faculty also are considered, according to the rules as well as Ext. P1 notification. 3. The appellant is stated to have passed B.Ed in Chemistry and Maths. There was a subject Moral Education also in that course, it is submitted. Admittedly the subjects of chemistry and maths do not come within same faculty in which sociology is W.A. NO. 2022 OF 2006 2 included. It is submitted that Moral Education comes within that faculty. So he is qualified. 4. Faculties and subjects in the faculties are determined based on the University Statutes and Ordinance. As per clause 2 of Chapter 5 of Kerala University First Ordinance 1978, the departments of History, Political Science, Economics, Psychology, Islamic Studies, Sociology, Social Work and Archeology constitute the faculty on Social Science. Therefore, if the petitioner holds B. Ed degree in any of these subjects alone, he can be termed as a B. Ed degree holder in the same faculty in which the sociology is included. But Moral Education is not included as a subject in that faculty. Further admittedly sociology is a department in the faculty of humanities in the Calicut University. Going by the Calicut University First Ordinance, in that faculty also the moral education is not included as a department. Therefore, on the strength of the subject of moral education which the appellant had studied for his B. Ed Degree, it cannot be contended that he holds B. Ed degree in the same faculty when sociology is included. Merely because of the Bangalore University has given a certificate that Moral Education comes within the faculty of W.A. NO. 2022 OF 2006 3 humanities, it cannot be contended that it comes within the same faculty, because secondary evidence cannot be admitted in proceedings before the court, to prove statute which could be produced directly. Such direct evidence is not produced. Therefore, that is also not of any avail for the appellant to assail the impugned judgment. Therefore, we see no reason for interference. The Writ appeal is dismissed accordingly. K.A. ABDUL GAFOOR, JUDGE K.R. UDAYABHANU, JUDGE. RV W.A. NO. 2022 OF 2006 4