IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 5362 of 2008(L) ------------------------- PETITIONER: ------------ 1. RIYAZ ANVAR M., AGED 29 YEARS, S/O.ABOOBACKER, MANIYARAYIL HOUSE, MANKADA P.O., MALAPPURAM 679 324. 2. MOHAMMED KUNHI K., AGED 36 YEARS, SOORATH MANZIL, P.O.AMMINIKKAD, VIA. PERINTALMANNA, MALAPPURAM 679 322. 3. ABDUL GAFOOR K.P., AGED 29 YEARS, K.P.HOUSE, VETTUPARA, CHEEKODE P.O. CHERUVAYUR, KOZHIKODE 673 645. 4. NAJEEBA N.P., AGED 27 YEARS, CHERUVALATHUKANDY HOUSE, PANNASSERI P.O. NARIKKUNI (VIA) KOZHIKODE 673 585. 5. MOHAMMED MUSTHAFA K., AGED 27 YEARS, T.K.HOUSE, PADANNATHODY, PATTELTHAZHAM POKKUNNU P.O., KOZHIKODE 13. 6. ABDUL SALAM P.V., AGED 33 YEARS, PUTHUVALAPPIL, VARAMBANKALLU, KOORAD P.O., PIN 679 339. 7. ASHRAF K., AGED 32 YEARS, KUYYADIYIL HOUSE, PUNNASSERY P.O. NARIKKUNI VIA, KOZHIKODE 673 585. 8. ATHIKA M., AGED 34 YEARS, MADATHIL HOUSE, MADASSERI, VANIYAMBALAM P.O., MALAPPURAM 679 339. 9. JUMAILA J.S., AGED 31 YEARS, JABIR MANZIL, P.O.MANNARKKAD COLLEGE, MANNARKKAD, PALAKKAD DISTRICT. 10. NAJEEB.M., AGED 28 YEARS, MOOLAMPAT HOUSE, TANALUR P.O. MALAPPURAM 676 307. 11. SAJNA PALANADAN, AGED 31 YEARS, PALANADAN HOUSE, CHATHALLUR P.O., EDAVANNA VIA., MALAPPURAM-676541. 12. NAJUMUNNESA THALAYAMCHEERI, AGED 27 YEARS, KODAKKADENKUNNATH HOUSE, POOKOTUCHOLA, CHEMRAKKATTOOR P.O., ARECODE-673639. 13. ARIFA A., AGED 31 YEARS, ANTHOORATHODI HOUSE, ARIPRA P.O., ANGADIPPURAM VIA., MALAPPURAM-679321. BY ADV. SRI.V.RAJENDRAN SRI.P.SAMSUDIN RESPONDENTS: ------------- 1. THE UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, THENHIPPALAM, MALAPPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 4. HUSSAIN PALEKKODAN, MANGATTUPALAM, MALAPPURAM. BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1 SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 GOVERNMENT PLEADER SRI.K.R.SABU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.5362/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE SRI.MOHAMMED ANZAR.K.J. CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE UNIVERSITY OF CALICUT. EXT.P2. TRUE COPY OF THE LTT CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE BOARD OF PUBLIC EXAMINATIONS. EXT.P3. TRUE COPY OF THE B.ED.CERTIFICATE ISSUED TO THE 5TH PETITIONER BY THE UNIVERSITY. EXT.P4. TRUE COPY OF THE SET CERTIFICATE ISSUED TO THE 1ST PETITIONER. EXT.P5. TRUE COPY OF THE NET CERTIFICATE ISSUED TO THE 5TH PETITIONER BY THE UGC. EXT.P6. TRUE COPY OF THE CALL LETTER ISSUED TO THE 13TH PETITIONER BY THE KPSC. EXT.P7. TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED TO THE 10TH PETITIONER BY THE REGISTRAR DT. 16-11-07. EXT.P8. TRUE COPY OF THE UNIVERSITY ORDER DATED 6-12-99. EXT.P9. TRUE COPY OFO THE FINAL LIST OF CANDIDATES FOR APPOINTMENT TO THE POST OF HSST ARABIC (JR) EXT.P10. TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY REGISTRAR FOR REGISTRAR DT. 20-11-2007 EXT.P11. TRUE COPY OF THE REPRESENTATION DT. 1-2-08 SUBMITTED BEFORE THE CHAIRMAN KPSC. EXT.P12. TRUE COPY OF THE ORDER DT. 24-4-08 ISSUED BY THE REGISTRAR, UNIVERSITY OF CALICUT AND ADDRESSED TO THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 5362 OF 2008 L -------------------------------------------- Dated this the 13th June, 2008 JUDGMENT The grievance voiced by the petitioners in this Writ Petition is that though they were included in the short list published by the Kerala Public Service Commission, they were removed from the list on the ground that the petitioners do not have the required qualification for applying for the post of Higher Secondary School Teacher– Arabic (Junior). The petitioners are holders of MS Post-Afzal-ul-Ulama in Arabic of the University of Calicut. In Ext.P10 letter dated 20.11.2007, issued by the Registrar of the University of Calicut to the Secretary of the Kerala Public Service Commission, it was stated that the question of issuing equivalency certificate for MA Post Afzal-ul-Ulama in Arabic to MA Arabic is under the consultation of the PG Board of Studies in Arabic and the decision in that regard is yet to be taken by the Academic Bodies. The view taken by the University earlier was that MA Post Afzal-ul-Ulama in Arabic is equivalent to MA Arabic and Ext.P7 certificate dated 16.11.2007 was issued certifying that MA Post Afzal-ul-Ulama Course conducted by the University of Calicut is equivalent to MA Arabic degree of the said University. 2. The petitioner has produced Ext.P12 along with I.A.No.6167 of W.P.(C) NO.5362 OF 2008 :: 2 :: 2008. Ext.P12 is the communication dated 24.4.2008, issued by the Registrar of the University of Calicut to the Secretary of the Kerala Public Service Commission, wherein it is stated as follows: “In continuation to this office letter of even No. dated 20.11.2007, I am to inform you that the Academic Council of this University held on 05.04.2008 has approved that the MA Post Afzal-ul-Ulama course of this University is equivalent to MA Arabic degree of this University. Hence the equivalency certificate issued to to this effect can be considered. The letter dated 20.11.2007 may be treated as cancelled.” 3. It is submitted by the Standing Counsel for the Kerala Public Service Commission that in view of Ext.P12, the Public Service Commission has included the names of the petitioners also in the rank list by way of Addendum Notification. Therefore, the grievance voiced by the petitioners in this Writ Petition no longer subsists. Recording the submission made by the Standing Counsel for the Kerala Public Service Commission, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/