IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 31266 of 2010(G) -------------------------- PETITIONER(S): --------------- NISHA T.MOHAMMED, AGED 31 YEARS, D/O.MUHAMMED KUNJU, RAMSI MANZIL, MUKUNDAPURAM P.O., CHAVARA, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-691 585. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN 695 001. 3. KERALA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM, PIN 695 001. ADV. SRI.M.RAJAGOPALAN NAIR FOR R3 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31266 of 2010 --------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The petitioner applied to the post of High School Assistant (Natural Science) (Tamil Medium), pursuant to the notification issued by the Kerala Public Service Commission for Category No.230/08, as evidenced by Exhibit P1. The Public Service Commission issued Exhibit P3 communication dated 7.4.2010 to the petitioner stating that she has to produce an equivalency certificate to show that B.Sc. Degree in Bio-Chemistry secured by the petitioner is equivalent to the qualification mentioned in Exhibit P1 notification. 2. The petitioner had passed B.Sc. in Bio-Chemistry from a University outside Kerala. It is stated that the Kerala University had recognised BSc. in Bio-Chemistry as a Natural Science subject for the purpose of admission for B.Ed. Natural Science Course. The petitioner secured B.Ed. Degree in Natural Science with 1st rank from the Kerala University. The contention of the petitioner is that as she has obtained B.Ed. Degree in WPC No.31266/2010 2 Natural Science from the University of Kerala, she is eligible to be considered for the post of HSA Natural Science (Tamil Medium) as per Exhibit P1 notification. The basis for this contention is that the Kerala University had recognised B.Sc. in Biochemistry as equivalent to B.Sc. in Zoology or B.Sc. in Botany and therefore, granted admission to the petitioner for B.Ed. Natural Science. 3. On receipt of Exhibit P3 communication, the petitioner submitted Exhibit P5 application dated 14.5.2010 to the Vice Chancellor of Kerala University requesting to issue an equivalency certificate as required in Exhibit P3. The petitioner also submitted Exhibit P6 representation dated 14.5.2010 to the Secretary, General Education Department. 4. The petitioner has stated in the Writ Petition that the question of equivalency of B.Sc. Bio-Chemistry as equivalent to B.Sc. Zoology came up for consideration before the University of Kerala and the matter is not finalised so far. Exhibit P7 is relied on by the petitioner to show that the matter is now placed before the Academic Council of the University to consider the divergent views expressed by the Board of Studies in Zoology and Bio- WPC No.31266/2010 3 Chemistry. 5. The reliefs prayed for by the petitioner are the following : “(i) To issue a writ of mandamus or order or direction to the first and third respondents to issue necessary directions to treat 'Bio-Chemistry' as a qualified Natural Science subject for the purpose of H.S.A. posts. (ii) To issue writ or order declaring that 'Bio-Chemistry' is an eligible natural science subject for the purpose of qualification to the H.S.A. posts. (iii) To issue directions to the first and third respondents to take a decision on Exhibits P5 and P6 forthwith and direct the second respondent to postpone the preparation of final list for the post of H.S.A. Natural Science (Tamil Medium) pursuant to Exhibit P1 notification till a decision is taken in Exts.P5 and P6. (iv) To grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 6. The learned Government Pleader submitted that if the WPC No.31266/2010 4 Kerala University or any other University in the State of Kerala issues an equivalency certificate, as requested by the petitioner, the Government have no objection in the matter and therefore, it is not necessary to issue a direction to dispose of Exhibit P6 representation. 7. In the facts and circumstances of the case, the Writ Petition is disposed of as follows, particularly, after taking note of the submission made by the learned Government Pleader. (i) The University of Kerala shall consider and dispose of Exhibit P5 representation dated 14.5.2010 submitted by the petitioner, as expeditiously as possible and at any rate, within a period of two months from today. It is made clear that it is not necessary to issue notice to the petitioner and afford her an opportunity of being heard before taking a decision on Exhibit P5 and the petitioner waives any such right. After taking any decision on Exhibit P5, the University of Kerala shall intimate the petitioner about the decision and if the decision of the University is in favour of the petitioner, the University shall issue an equivalency certificate to the petitioner. (ii) The Kerala Public Service Commission shall not reject WPC No.31266/2010 5 the application of the petitioner for a period of three months from today on the ground that she has not produced the equivalency certificate. (iii) All the parties would be entitled to file appropriate applications for issuing any additional directions in the Writ Petition, in the peculiar facts and circumstances of the case. K.T.SANKARAN JUDGE csl