IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 14969 of 2004(F) -------------------------------------- PETITIONER: ------------------- RETHNA BHAI, W/O. RAMESHAN, AGED 41 YEARS, SREEHARI, MUTTANNUR, P.O. PATTANNUR, KANNUR DISTRICT. BY ADVS. MR.ELVIN PETER P.J, MR.P.N.SANTHOSH, MR.M.RAMESH CHANDER. RESPONDENTS: ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 2. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO HIGHER EDUCATION, TRIVANDRUM. 3. DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. R1 BY MR.ALEXANDER THOMAS, SC, KPSC, R2 & R3 BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, ALONG WITH W.P.(C). NO. 21327 OF 2003 AND R. P. NO. 1119 OF 2007, THE COURT ON 10/11/2009 DELIVERED THE FOLLOWING: W.P.(C). NO.14969/2004-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE R.1. EXT.P.2: COPY OF THE ORDER OF REJECTION ISSUED BY PUBLIC SERVICE COMMISSION. EXT.P.3: COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI EMPLOYMENT NEWS DTD. 22/12/01. EXT.P.4: COPY OF THE RANKED LIST FOR APPOINTMENT TO THE POST OF LECTURER IN MALAYALAM IN TRAINING COLLEGES. EXT.P.5: COPY OF THE JUDGMENT DTD. 25TH SEPTEMBER, 2002 IN W.A. NO. 4042/2001 OF THIS HON. COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.21327 OF 2003 & 14969 OF 2004 ------------------------------------------- Dated this the 10th day of November, 2009 JUDGMENT 1.The petitioners in these writ petitions applied for being considered for the post of Lecturer in Malayalam in the Training Colleges under the Collegiate Education Department of the State Government in terms of Ext.P1 notification of the Public Service Commission. 2.The entitlement of the petitioner in W.P(C).14969/04 stands rejected by the PSC on the ground that she did not have the requisite experience in as much as her experience as primary departmental teacher in a school is not an experience entitled to be reckoned. 3.W.P(C).21327/03 is filed by one of the candidates challenging the inclusion of candidates who have not passed the National Eligibility Test (NET) in Education, also in the WPC.21327/03 & 14969/04 2 field of choice, for selection and appointment in terms of Ext.P1 notification. In opposition to W.P(C).21327/03, the PSC has placed on record a counter affidavit, taking the specific stand that the candidate ought to have NET qualification in the concerned subject and also in Education for being considered for appointment to the Training Colleges. 4.The different posts notified as per Ext.P1 relating to the Training Colleges are posts in the Faculty of Education and therefore, the insistence of the UGC, which have been agreed to by the PSC in its counter affidavit, that a candidate has to possess NET in Education and in the concerned subject stands. 5.When these writ petitions were heard earlier on 3.10.2007, the PSC had placed on record that a candidate shall possess NET in Education as well as in the concerned subject. Accordingly, it was declared that the candidates for selection WPC.21327/03 & 14969/04 3 and appointment to the Faculty of Education in the Training Colleges in different departments have to possess NET qualification in Education and also NET qualification in the concerned subject. 6.Thereafter, by common order dated 19.2.2008, R.P.Nos.1051/07 and 1126/07 were ordered vacating the aforesaid common judgment except to the extent of the findings which were protected by that order. While considering those two review petitions, this Court specifically stated that the issue that arises for decision ultimately, is as to whether a candidate, for being considered for appointment as a Lecturer in Malayalam in a Training College in the State of Kerala, requires NET qualification in Education and also NET in Malayalam. Another review petition which escaped from being disposed of then, viz., R.P.No.1119/07, has been ordered by me today, adopting the common order in R.P.Nos.1051/07 and 1126/07. The writ petitioner in W.P(C).14969/04 (Retna Bhai's case) contends WPC.21327/03 & 14969/04 4 that the prescription is only optional, in the sense that NET qualification may be either in Malayalam or in Education. The petitioner in W.P(C).21327/03, Deneshan, takes the stand that NET qualification ought to be in Education even if the applicant has NET qualification in Malayalam. The question therefore is as to whether NET qualification in Education is compulsory for the purpose of being considered for appointment as Lecturer in Malayalam in a Training College or is it sufficient if NET qualification is obtained either in Malayalam or in Education. 7.Following the order dated 19.2.2008 on R.P.Nos. 1051/07 and 1126/07, different other materials were placed on record, on the basis of which, the PSC has taken a stand that its earlier plea was an error and it would be sufficient if NET qualification is obtained either in Malayalam or in Education. The qualifications prescribed for the post of Lecturer in Training Colleges, as stated in the short counter WPC.21327/03 & 14969/04 5 affidavit filed by the PSC, following directions of this Court, are as follows: “(i) Master Degree in the concerned subject or discipline with at least 55% marks or its equivalent and good academic records. (ii) M.Ed degree with knowledge of special methods of teaching the subjects. (iii) Three years teaching experience in Schools or Colleges after acquiring the personnel qualifications. (iv) Must have passed a comprehensive test specially conducted for the purpose by UGC or any agency duly constituted by the State Govt. in this behalf. When qualifications are equal preference shall be given to candidates who possess adequate knowledge in Malayalam. Candidates need to possess either NET in Education or NET in the concerned subject (Malayalam) to be eligible for selection in Training Colleges”. WPC.21327/03 & 14969/04 6 The specific plea of the PSC is that candidates need to possess NET in Education or NET in the subject concerned to be eligible for selection to Training Colleges. The materials placed by the UGC is also not decisive to conclude that an aspirant should possess NET qualification in Education and NET in the concerned subject for being eligible for selection as a Lecturer in a Training College. In view of what is stated above, W.P(C).21327/03 is dismissed. W.P(C).14969/04 is allowed as prayed for. Having regard to the issues involved, the parties are directed to bear their respective costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.