IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 31022 of 2011(C) -------------------------- PETITIONER(S): --------------- SREERAJ V.V.,S/O.VASUDEVAN V.M, VADAKKATHU MANA,KADAMPUZHA, MALAPPURAM DIST PIN-676553 BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE P.O.,THIRUVANANTHAPURAM-695004 REP.BY ITS SECRETARY 2. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE P.O.,THIRUVANANTHAPURAM-695004 3. STATE OF KERALA REP.BY THE SECRETARY HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001 R1 & R2 BY S.C. SHRI P.C. SASIDHARAN R3 BY G.P. SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF THE MASTERS DEGREE CERTIFICATE DTD 18/7/2009 EXT.P2:- TRUE COPY OF THE DEGREE CERTIFICATE DTD 12/6/2008 EXT.P3:- TRUE COPY OF THE CERTIFICATE DTD 31/10/2008 EXT.P4:- TRUE COPY FO THE NOTIFICATION DTD 14/10/2011 EXT.P5:- TRUE COPY OF THE APPLICATION FORM DTD 8/1/2010 EXT.P6:- TRUE COPY OF THE REPLY ISSUED BY THE CALICUT UNIVERSITY DTD 17/1/2011 EXT.P6(A):- TRUE COPY OF THE REPLY ISSUED BY THE COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY DTD 18/1/2011 EXT.P6(B):- TRUE COPY OF THE REPLY ISSUED BY THE MAHATHA GANDHI UNIVERSITY DTD 19/1/2011 EXT.P6(C):- TRUE COPY OF THE REPLY ISSUED BY THE KANNUR UNIVERSITY DTD 22/1/2011 EXT.P6(D):- TRUE COPY OF THR REPLY ISSUED BY THE KERALA UNIVERSITY DTD 28/1/201 EXT.P7:- TRUE COPY OF THE REPRESENTATION DTD 28/3/2011 RESPONDENTS' EXHIBITS // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31022 of 2011-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT The petitioner is a candidate who has applied for the post of Higher Secondary School Teacher (Communicative English), as per the notification issued by the Public Service Commission, Ext.P4. 2. The petitioner's qualifications, going by the averments in the writ petition, are: Masters Degree certificate awarded by the Gandhi Grama Rural University, Tamil Nadu (Ext.P1), B.Ed. (English) (Ext.P2) and pass in State Eligibility Test (Ext.P3). The qualification prescribed by the Commission is a Masters Degree in Communicative English with not less than 50% marks from any of the Universities in Kerala or a qualification recognised as equivalent thereto in the respective subject by any University in Kerala, apart from B.Ed. in the concerned subject. It is the case of the petitioner that the Universities in Kerala are not granting any Masters Degree in Communicative English, but the petitioner is having an equivalent qualification. It is very difficult to get an equivalency certificate in respect of a course which is not being conducted by any of the Universities in Kerala. Even though the petitioner contacted various WPC.31022/2011 2 Universities and submitted applications for issuing an equivalency certificate, the replies given have been furnished as Ext.P6 series wherein it is stated that the respective Universities are not granting any P.G. degree in Communicative English. This has resulted in the present predicament to the petitioner whose application submitted on an earlier occasion, was rejected by the Commission. Apart from that, the Public Service Commission cannot accept an equivalent qualification without any certificate issued by the respective University also. Therefore, it is pointed out that candidates who are having the qualification prescribed as per the notification, are not available for the posts notified. Learned Standing Counsel for the Commission submitted that the Commission can only go by the qualification prescribed and therefore the plea of the petitioner for considering the qualification as equivalent, cannot obviously be accepted by them. 3. This is a matter which the Government will have to consider, after assessing the situation in the State. It appears from the pleadings that this is the second notification issued by the Commission. It is stated at the Bar that the applications which were submitted pursuant to the earlier notification, have also been rejected for want of qualification and the present notification is issued thereafter. WPC.31022/2011 3 4. The petitioner will file a comprehensive representation before the Government seeking for appropriate reliefs in the matter, along with a copy of this judgment within a period of two weeks from today, which will be duly considered by the Government. The matter will be considered after getting the views of the respective Universities also. An appropriate decision will be taken within a further period of three months, after hearing the petitioner. After taking an appropriate decision, the same will be communicated by the Government to the Public Service Commission for action at their end. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/