IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 9TH FEBRUARY 2007 / 20TH MAGHA 1928 WP(C).No. 29267 of 2006(H) -------------------------- PETITIONER: -------------- SAJAN N.THOMAS, NELLIKUNNEL HOUSE, THOPPIPALA POST, SWARAJ, IDUKKI DISTRICT. BY ADV. SRI.BABU VARGHESE RESPONDENTS: ----------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE UNIVERSITY GRANTS COMMISSION, REP. BY ITS SECRETARY, OFFICE OF THE UNIVERSITY GRANTS COMMISSION, BAHADURSHAH ZAFAR MARG, NEW DELHI-110002. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC SRI.S.KRISHNAMOORTHY FOR R2 SRI. AJITH KRISHNAN, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2007, ALONG WITH WPC NO. 916 OF 2007 THE COURT ON 09/02/2007 DELIVERED THE FOLLOWING: WPC NO. 29267/2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE GAZETTE NOTIFICATION THAT APPEARED IN THE KERALA GAZETTE DATED 17.2.2004. EXT.P2: TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF COMMERCE ISSUED BYBHARATHIDASAN UNIVERSITY DATED 12.12.96. EXT.P2(a): TRUE COPYOF CERTIFICATE OF STATE LEVEL EDUCATIONAL TESTING FOR LECTURERSHIP ISSUED BY THE BHARATHIDASAN UNIVERSITY. EXT.P3: TRUE COPY OF CERTIFICATE NATIONAL EDUCATIONAL TEST (NET) CONDUCTED BYUGC IN THE SUBJECT MANAGEMENT. EXT.P4: TRUE COPY OF THE RESUME OF THE PETITIONER. EXT.P5: TRUE COPY OF THE REJECTION LETTER ISSUED BY THE P.S.C. DATED 10.1.2005. EXT.P6: TRUE COPY OF APPEAL PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 18.1.2005. EXT.P7: TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE PUBLIC SERVICE COMMISSION SHOWING the LIST OF SUCCESSFUL CANDIDATES DATED 13.9.2006. EXT.P8: TRUE COPY OF THE INTERVIEW PROGRAMME ISSUED BY THE P.S.C. EXT.P9: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 31.10.06. EXT.P10: TRUE COPY OF THE RELEVANT PORTIONOF UGC PUBLICATION. EXT.P11: TRUE COPY OF THE INTIMATION DATED 23.11.2005 SENT BY THE 1ST RESPONDENT. EXT.P12: TRUE COPY OF THE PROVISIONAL RANK LIST WAS PUBLISHED ON 30.12.2006. //TRUE COPY// P.A. TO JUDGE K. M. JOSEPH, J. ------------------------------------------------- W.P.C. NOS. 29267/06 H & 916/07 H -------------------------------------------------- Dated this the 9th February, 2007 JUDGMENT Since common questions arise in both these Writ Petitions, they are disposed of by a common Judgment. Case of the petitioners', in brief, is that they are possessed of qualifications for appointment to the post of Lecturer in Commerce under the Kerala Collegiate Education Department. The qualification required for the post was notified as one not less than fiftyfive per cent marks in Post Graduate Degree in the concerned Subject or equivalent qualifications with academic record and pass in the comprehensive test conducted by the UGC or equivalent eligibility test conducted by the authorised agency of the State. Petitioner in W.P.(C). No.29267/06 relies on the passing of State Level Educational Testing (hereinafter referred to as SLET) for Lecturership in Commerce conducted by the Bharathidasan University. Both petitioners have passed National Educational Test (NET) conducted by the UGC in the WP(C) 29267/06 & 916/07 2 Subject “Management”. Both the petitioners were invited for the interview. Petitioner in W.P.(C) No.29267/06 was, however, served with Ext.P9 communication. In Ext.P9 it is stated that the petitioner has not obtained NET qualification. It is further stated that passing of SLET from outside Kerala cannot be accepted under the Rules. Petitioner in W.P.(C). No.916/07, though called for the interview, it is his case that some of the Members of the Interview Board expressed doubt about the eligibility of the petitioner to apply for the post, in view of the fact that the petitioner passed NET in the Subject “Management”. Counter Affidavits have been filed by the respondent Public Service Commission defending the action. 2. The first question that falls for consideration in both the Writ Petitions is whether the petitioners are qualified to be appointed as Lecturers in Commerce by virtue of their being possessed of NET in the Subject “Management”. Case of the petitioners is that the Notification does not insist that NET should be passed in the concerned Subject. It is further pointed WP(C) 29267/06 & 916/07 3 out that “Management” is an allied Subject to “Commerce”. Shri Babu Varghese, learned counsel for petitioner in W.P.(C) No.29267/06 would, in fact, invite my attention to the provisions of the Kerala University First Statutes, 1977. Under Chapter XVII figures the Faculty of Commerce. He would point out that under Statute 5, a person who holds Master's Degree in Business Administration or Management Studies from any Indian or Foreign University recognised by the Kerala University as equivalent to M.Com. is eligible to be awarded a Degree of Doctor of Philosophy (Ph.D.). 3. Both counsel would point out that unlike the requirement in relation to the possession of Post Graduate Degree which is specifically to be passed in the concerned Subject, when it comes to the possession of NET, there is no such mandate, it is contended. 4. Learned standing counsel for the Public Service Commission would point out that the interpretation sought to be placed by the petitioners should not be accepted. He would WP(C) 29267/06 & 916/07 4 submit that the words in the Notification “must have passed a comprehensive test specifically conducted for the purpose” should receive a purposeful meaning. The post is a teaching post. The post in question is of Lecturer in Commerce. Therefore, unless a candidate has passed NET in Commerce which is admittedly being conducted by the University Grants Commission, it could not be said that the petitioners have acquired the qualification, it is submitted. Shri S. Krishnamoorthy, learned counsel appearing on behalf of the UGC also would contend that the qualification of NET should be in the concerned Subject. 5. I am of the view that the petitioners cannot claim to be qualified on the basis of their possessing NET in “Management”. It may be true that “Management” is related to the Subject “Commerce”. Even though it is not specifically mentioned that NET should be passed in the concerned Subject, I would think that having regard to the purport of the Notification issued it be given the said interpretation. We are WP(C) 29267/06 & 916/07 5 concerned in this case with a teaching post. There is no dispute that UGC is conducting NET in Commerce. Therefore, candidates with NET in Commerce are available apparently. “Commerce” may take in the Subject “Management” as an ancillary Subject. But, that is not the same thing as saying that passing of NET in “Management” is sufficient. “Commerce” would appear to be the whole of which “Management” is a part, in the context of the post of Lecturer in Commerce. Therefore, I reject the contentions of the petitioners that they are qualified merely because they have secured NET in “Management”. 6. The only further question which remains is whether the petitioner in W.P.(C). No.29267/06 is eligibile by virtue of his being possessed of Ext.P2 Degree Certificate of Master of Commerce and Ext.P2(a) Certificate of SLET issued by the Bharathidasan University. In Ext.P2(a) it is certified that the petitioner is qualified at the State Level Educational Testing for Lecturers held in March, 1997 in the Subject “Commerce”, and that he is declared eligible for Lectureship in WP(C) 29267/06 & 916/07 6 Universities/Colleges throughout India. Counsel for petitioner would, no doubt, point out Ext.P10 wherein it is, inter alia, stated as follows: “a. Eligibility for Lectureship Clearing of NET confers eligibility for lectureship upon Indian nationals, i.e. the NET qualified candidates are eligible to apply for the post of lecturer in all Indian Universities/Institutes/Colleges. It was resolved in the UGC's Commission Meeting held on 1.11.2001 that commencing from the SET examinations scheduled in or after June, 2002, the SET qualified candidates shall be eligible for appointment to the post of lecturer only in the Universities/Colleges belonging to the State from where they have passed the SET examination. The status of SET shall remain unchanged for SET examinations conducted prior to 1st June, 2002, that is, the candidates clearing SET were eligible for appointment to the post of lecturer anywhere in India.” WP(C) 29267/06 & 916/07 7 7. It is not in dispute that there is no Central law which can be said to be in conflict with a State law in the facts of this case. No doubt, UGC has issued Ext.P10 which is already referred to. But, as far as the Public Service Commission whose action is impugned is concerned, it is bound to follow the statutory Special Rules in force. There is no case that the Notification is against the Special Rules. Under the Special Rules, the test should be one specifically conducted by the UGC or an Agency constituted by the State Government. Ext.P2 Certificate issued is not issued by the State Government or an Agency duly constituted by the State Government. Bharathidasan University cannot be equated with the UGC. Therefore, Ext.P2 Certificate issued by the Bharathidasan University declaring the petitioner as possessed of SLET cannot cloth the petitioner with title to be considered for the post of Lecturer in Commerce. This view is in keeping with the Judgment of this Court in W.P.(C) No.22742/04. In such circumstances, I feel that the action of the Public Service WP(C) 29267/06 & 916/07 8 Commission in this case cannot be characterised as illegal, in any way. Petitioners have failed to establish a case and the Writ Petitions shall stand dismissed. K. M. JOSEPH, JUDGE kbk.