IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 2883 of 2009() --------------------- AGAINST THE JUDGEMENT IN OP.21996/1999 Dated 02/02/2009 .................... APPELLANTS: -------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. C.K. SHERIN RESPONDENT(S): --------------- 1. T.M.GEETHA, LECTURER IN EDUCATIONAL PSYCHOLOGY ,GOVERNMENT ISNTITUTE FOR ADVANCED STUDY IN EDUCATION, THRICHUR. 2. THE PRINCIPAL, INSTITUTE OF ADVANCED STUDY IN EDUCATION, THRICHUR. ADV. SRI.P.RAMAKRISHNAN FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 2883 of 2009 ---------------------------------------------------- Dated this the 18th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J Writ appeal is filed by the State challenging the judgment of the learned Single Judge declaring the respondent's eligibility for appointment as a Lecturer in Educational Psychology. Admittedly, respondent as on the date of selection by the Kerala Public Service Commission as a Lecturer in Educational Psychology in the Government College had only a Post Graduate Degree from Annamali University obtained through correspondence course. The case of the Government is that Post Graduate degree in Psychology recognized by the Kerala University with Information Psychology as a special subject is the required qualification. If, Kerala University has not issued equivalency certificate for the degree obtained by the respondent, then, certainly, she was not eligible for appointment. However, what we notice is that the PSC rightly or wrongly appointed the respondent W.A No.2883/2009 : 2 : without caring to find out as to whether the Post Graduate degree she has is equivalent to the recognized qualification, selected her, appointment was made and after 14 years of service respondent was allowed to retire. We feel damage, if any, is already done to the student community because respondent has served for long and retired. We therefore feel that she should not be denied the retirement benefits. Consequently, without going into the details of the suitability of the respondent's educational qualification for appointment, we dismiss the writ appeal, leaving open the question to be raised by the Government in appropriate cases. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN (Judge) jma //true copy// P.A to Judge