Disposed

Sunil Kumar. K, v. State of Kerala

Kerala HC1 Nov 2023OP(KAT)/101/2022

Case brief

AI extract

What is this about?

This petition challenged the rejection of the petitioner's application for transfer appointment as Librarian Grade-I based on his certificate from Annamalai University. The High Court held that while immediate relief was unavailable due to expiry of the list, it directed the Department of Higher Education to clarify its stance on recognizing statutory university certificates within three months.

What did the court decide?

The First Respondent is directed to come out with necessary orders for clarity on recognition of certificates within three months.

Sunil Kumar. K, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 1^ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 OP(KAT) NO. 101 OF 2022

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AGAINST THE ORDER DATED 17/12/2021 IN O.A.(EKM)NO.1753/2018

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PETITIONER:

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SUNIL KUMAR K., AGED 50 YEARS, S/O.LATE KARUNAKARAN K., WORKING AS ATTENDER, GOVERNMENT LAW COLLEGE, KOZHIKODE- 673012, RESIDING AT THEERTHAM, KARATTUTHAZHAM, KONITTU P.O., KOZHIKODE, PIN – 673571.

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BY ADVS. M.R.HARIRAJ VISWAJITH C.K GISHA G. RAJ REJIVUE K.C. VIDYA A.K ALINA ANNA KOSE NIDHI BALACHANDRAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE (P.O.) THIRUVANANTHAPURAM- 695004 REPRESENTED BY IT'S SECRETARY, PIN – 695004.

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3 KERALA STATE CENTRAL LIBRARY, REPRESENTED BY THE STATE LIBRARIAN, PALAYAM, VIKAS BHAVAN, (P.O.) THIRUVANANTHAPURAM, PIN – 695003.

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BY SRI.P.C.SASIDHARAN, STANDING COUNSEL, KPSC BY SRI.A.J.VARGHESE, GOVERNMENT PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) No.101/2022 2

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J U D G M E N T

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A .Muhamed Mustaque, J.

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The unsuccessful applicant before the Kerala Administrative Tribunal is before us in this original petition. The matter is related to by transfer appointment in the post of Librarian Grade-I in the Kerala State Central Library. As seen from Annexure-A1 notification, the qualification prescribed as follows:

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Sl. No.	Category No.	Method of Appointment	Qualification
2	237/2015	By Transfer Recruitment	(i) SSLC
			(ii)Diploma in Library Science or Certificate in Library Science which are recognized by Government.
			OR
			(iii) Degree in any subject with Degree in Library Science

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The petitioner is having a Certificate Programme in Library and Information Science issued by Annamalai University. The petitioner placed reliance on the Government Order issued as early as on 17.07.1965. The relevant order is reproduced herewith for easy reference:

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O.P.(KAT) No.101/2022 3

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Going by the above Government Order, the certificate now in possession of the petitioner is recognized as it was issued by the Statutory University. However, in the affidavit filed before this Court by the Secretary, Department of Higher Education, it is stated in paragraphs 4 and 5 as follows:

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O.P.(KAT) No.101/2022 4

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“4. It is respectfully submitted that, similar issues had come up for the consideration of the Government in connection with an application submitted by one Sri.Hari S. Krishnan. The Government had called for a report from the Kerala State Librarian. The syllabus of the certificate course conducted by the Annamalai University was considered in comparison with that conducted by the Government. The State Librarian informed that the subject "Information Technology" is not included in the Library and information Science certificate course of the Annamalai University. Accordingly, the request of Sri.Hari S. Krishnan was rejected. A true copy of the Government letter dated 20.07.2018 addressed to Sri.Hari S. Krishnan is produced herewith and marked as Exhibit R1(a). The petitioner in the above O.P.(KAT) also studied the very same certificate course. So, the Government followed the same stand in the case of the petitioner as well.

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The Government of Kerala, Department of Education is conducting the Kerala Government Certificate examination in Library Science. The syllabus of this programme/certificate course includes:

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Library organization and management II. Library classification and catalog III. Library classification (Practice)

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IV. Library catalogs (Practice), V. information sources and services. VI. and Information Technology.

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In this regard, copy of the mark list issued to Smt.Athira Vijayan.U issued on

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O.P.(KAT) No.101/2022 5

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26.8.2011 is produced herewith and marked as Exhibit R1(b) . For a comparison, the mark list dated 26.09.2014 of certificate programme course issued to the petitioner in the O.P.(KAT) by the Annamalai University is also produced herewith and marked as Exhibit R1(c) .”

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The stand of the Government appears to be that the certificate obtained by the petitioner cannot be treated as equivalent to the certificate issued by the Department of Education in the State of Kerala. The problem arises in this context when the Government issued order in the year 1965 demands recognition of all certificates in Diploma, Degree etc. issued by Statutory University, there should be clarity regarding recognition accorded to certificates of Degree and Diploma by such Statutory University. If the notification prescribes recognition in the light of the Government Order dated 17.7.1965, PSC may have to recognize the same. It is not the case where the equivalency is sought from the competent authority or University in Kerala. In this matter, we may not be able to give any relief to the petitioner obviously for the reason that the list already has been expired and many candidates already have been appointed. But at the same time the Government should clear stand regarding the recognition accorded to the Certification Programme or Diploma Programme issued by the Statutory University. Therefore, it is appropriate for

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O.P.(KAT) No.101/2022 6

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the first respondent to come out with the necessary orders for the purpose of guidance in the future to avoid situations like this. Appropriate decision shall be taken by the first respondent within a period of three months.

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With the above directions, this original petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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O.P.(KAT) No.101/2022 7

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APPENDIX OF OP(KAT) 101/2022

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PETITIONER'S ANNEXURES:

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ANNEXURE A1	TRUE COPY OF THE NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE POST OF LIBRARIAN GR. IV DATED 10/9/2015.
ANNEXURE A2	TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT, DATED 14/10/2015.
ANNEXURE A3	TRUE COPY OF THE PASS CERTIFICATE ISSUED BY THE ANNAMALAI UNIVERSITY, DATED 26/9/2014.
ANNEXURE A4	TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM, DATED 27/2/2015.
ANNEXURE A5	TRUE COPY OF THE INFORMATION PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION IN ITS WEBSITE, DATED NIL.
ANNEXURE A6	TRUE COPY OF THE PCN: 150002825 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 14/7/2017.
ANNEXURE A7	TRUE COPY OF THE LETTER NO. GRIV(3)B8634/14/GW ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DATED 12/4/2018.
ANNEXURE A8	TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT, DATED 31/8/2018.
ANNEXURE A9	TRUE COPY OF THE INTIMATION SEND BY THE KERALA PUBLIC SERVICE COMMISSION TO THE APPLICANT, DATED 7/9/2018.
ANNEXURE A10	TRUE COPY OF THE RANKED LIST PUBLISHED BY THE 2ND RESPONDENT FOR FILLING UP THE VACANCIES IN CATEGORY NO. 237/15.

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O.P.(KAT) No.101/2022 8

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ANNEXURE A11	TRUE COPY OF THE RANKED LIST PUBLISHED FOR FILLING UP THE VACANCIES IN THE KERALA COMMON POOL LIBRARY DEPARTMENT (CATEGORY NO 506/15) ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A12	TRUE COPY OF THE RELEVANT PORTION OF THE LIST OF COURSED RECOGNISED BY KERALA UNIVERSITY.
ANNEXURE A13	TRUE COPY OF THE RELEVANT PORTION OF LIST OF COURSED RECOGNISED BY MAHATMA GANDHI UNIVERSITY.
ANNEXURE A14	TRUE COPY OF THE G.O(MS) NO. 526 DATED 17/7/65 ISSUED BY THE GOVERNMENT OF KERALA
ANNEXURE A15	TRUE COPY OF THE MATERIALS PROVIDED IN THE WEBSITE OF THE 2ND RESPONDENT EVIDENCING THAT ANNEXURE A14 IS STILL FOLLOWED BY THE 2ND RESPONDENT.
EXHIBIT P1	A TRUE COPY OF THE ORDER DATED 17/12/2021 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM IN O.A (EKM) 1753/2018.
EXHIBIT P2	TRUE COPY OF ORIGINAL APPLICATION FILED BY THE PETITIONER IN OA (EKM) 1753/2018 DATED 15/09/2018 ALONG WITH ANNEXURES.
EXHIBIT P3	TRUE COPY OF THE INTERIM ORDER DATED 17/09/2018 IN OA [EKM] -1753/2018.
EXHIBIT P4	TRUE COPY OF THE REPLY STATEMENT DATED 23/05/2019 FILED BY THE 2ND RESPONDENT
EXHIBIT P5	TRUE COPY OF MA NO. 1139/2019 DATED 26/06/2019 ALONG WITH ANNEXURES FILED BY THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 08/08/2019 FILED BY THE 2ND

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O.P.(KAT) No.101/2022 9

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RESPONDENT.

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EXHIBIT P7 TRUE COPY OF REJOINDER DATED 23/09/2019 FILED BY THE PETITIONER.

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EXHIBIT P8 A TRUE COPY OF THE APPOINTMENT CHART DOWNLOADED FROM THE WEBSITE OF THE 2ND RESPONDENT COMMISSION.

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EXHIBIT P9 A COMPOSITE LIST SHOWING THE CANDIDATES IN BOTH ANNEXURE A10 AND A11.

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EXHIBIT P10 A TRUE COPY OF PRESS RELEASE DATED 10.11.2020 PUBLISHED BY THE CENTRE FOR ADULT CONTINUING EDUCATION AND EXTENSION, KERALA UNIVERSITY.

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RESPONDENT EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF THE GOVERNMENT LETTER DATED 20.07.2018 ADDRESSED TO SRI. HARI.S. KRISHNAN.

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EXHIBIT R1(B) TRUE COPY OF THE MARK LIST ISSUED TO SMT. ATHIRA VIJAYAN.U, ON 26.08.2011.

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EXHIBIT R1(C) TRUE COPY OF THE MARK LIST OF CERTIFICATE PROGRAM ME COURSE ISSUED TO THE PETITIONER ANNAMALAI UNIVERSITY.

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EXHIBIT R1(D) TRUE COPY OF THE MEMORANDUM/MARK LIST DATED, 17.01.2020 ISSUED BY THE UNIVERSITY OF KERALA, CENTRAL FOR ADULT, CONTINUING EDUCATION AND EXTENSION OF ONE SRI. CHANDRAN.R.

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EXHIBIT R1(E) TRUE COPY OF THE PUBLIC NOTICE DATED, 25.03.2022 ISSUED BY THE SECRETARY, UNIVERSITY GRANDS COMMISSION.

Sunil Kumar. K, v. State of Kerala

Case brief

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Sunil Kumar. K, v. State of Kerala

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