IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WA.No. 2972 of 2007 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.22396/2007 DATED 13/09/2007 .................... APPELLANT/ RESPONDENT NO.3 IN WP: ---------------------------------------------------------- THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC. RESPONDENTS/PETITIONERS & RESPONDENT IST AND 2ND RESPONDENT: ------------------------------------------------------------------------------------------------------------- 1. HELANAMMA ANDREWS, W/O.V.M.VICTOR, VALAKKAMATTATHIL HOUSE, THRIKKARA P.O., KOCHI-31, UD CLERK, VHS DEPT. 2. GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM REPRESENTED BY THE CHIEF SECRETARY. 3. THE DIRECTOR OF NON-VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. BENNY GERVACIS, ADV. SRI.V.B.UNNIRAJ, ADV. SMT.R.S.GEETHA, ADV. SRI.V.ARUN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO. 2972 OF 2007 -------------------------------------------------------------- Dated this the 28th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The Public Service Commission, which was the 3rd respondent in the writ petition, is the appellant. It challenges the direction of the learned Single Judge directing it to accept the B.Ed degree of the writ petitioner as a valid qualification for appointment to the post of Non-Vocational Higher Secondary School Teacher (Commerce). The writ petitioner obtained B.Ed degree from the Indira Gandhi National Open University. According to the PS.C, the said degree is not awarded after undergoing a regular course of study. Therefore, it cannot be treated as the prescribed qualification. As per the Rules, the prescribed qualifications are as follows: “(i) Masters Degree in the concerned subject with not less than 50% marks awarded by any of the Universities in Kerala or qualification recognised as eqvivalent thereto in the respective subject by a University in Kerala. 2(i) B.Ed Degree in the concerned subject W.A.NO.2972/07 . 2 acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala. ( ii) In the absence of persons with B.Ed Degree in the concerned subject, B.Ed degree in the concerned faculty as specified in the Acts and Statutes of any of the Universities in Kerala. (iii) In the absence of persons with B.Ed degree as specified in item (i) and (ii) above, persons with B.Ed Degree in any subject acquired after a regular course of study from any of the universities in Kerala or a qualification recognised as equivalent thereto by any of the Universities in Kerala. 3. Must have passed the State Eligibility Test in the concerned subject for the post of Non Vocational teacher conducted by Government of Kerala or by the agency atuthorised by the State Government”. 2. Going by the above prescribed qualification, if any of the Universities in Kerala certifies that the qualification possessed by the petitioner obtained from the Indira Gandhi National Open University is equivalent to B.Ed degree awarded by them, the petitioner is also eligible to apply for the post. The said point is covered in favour of the writ petitioner by a recent decision of this Court in W.A.No.2955/2007 dated 3. 1.2008. But the learned counsel for the P.S.C relied on Note 1 at the end of Rule 4 of the Special W.A.NO.2972/07 . 3 Rules for Vocational Higher Secondary Education State service. The said Note reads as follows: “1. Post graduate degree in Commerce or Business Economic with not less than 50% marks awarded by any Universities in Kerala or an equivalent qualification and B.Ed Degree. 2(i) B.Ed degree in the concerned subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala. (ii) In the absence of persons with B.Ed Degree in the concerned subject B.Ed degree in the concerned faculty as specified in the Acts and Statutes of any of the Universities in Kerala. (iii) In the absence of persons with B.Ed degree as specified in item (i) and (ii) above, persons with B.Ed Degree in any subject acquired after a regular course in Kerala or a qualification recognised as equivalent thereto by any of the universities in Kerala. 3. Must have passed the State Eligibility Test for the post of Non Vocational teacher conducted by Government of Kerala or by the agency authorised by the State Government.”. Note:- 1 All the educational qualification for teaching posts should be one acquired after a regular course of study from a recognised University in Kerala”. 3. If the said rule is mechanically applied, a candidate who took degree in the main subject or the B.Ed degree from any Universities W.A.NO.2972/07 . 4 outside Kerala, will be ineligible to apply. So, such a general provision has to be understood in the light of the special provision regarding qualification quoted above which permits the qualification recognised as equivalent by any of the Universities in Kerala. In view of the above position, we follow the earlier decision rendered by us in W.A.No.2955/2007 and dismiss the wit appeal. But, it is clarified that whether B.Ed degree obtained by the petitioner is in the concerned subject or in the concerned faculty etc are matters which the P.S.C can decide . K.BALAKRISHNAN NAIR , JUDGE P.N. RAVINDRAN, JUDGE. cl W.A.NO.2972/07 . 5