PSC challenged a tribunal order allowing a Polymer Chemistry graduate to remain on the ranked list for High School Assistant (Physical Science). The High Court found the degree equivalent to Chemistry per university recognition and prior decisions, dismissed the petition, upholding the tribunal's direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 OP(KAT) NO. 88 OF 2016
ORDER DATED 19.02.2016 IN OA NO.537 OF 2015 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2 IN OA:
1 THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695 004, KERALA.
BY ADV SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & RESPONDENTS 3-5:
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CAMPUS, MARANGATTU PARAMBU, KALLYASSERI, KANNUR - 670 562, KERALA.
BY ADVS. SMT.K.K.CHANDRALEKHA GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR I.V.PRAMOD
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN COME UP FOR HEARING ON 10.01.2024, THE COURT ON 08.04.2024 DELIVERED THE FOLLOWING:
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JUDGMENT
SHOBA ANNAMMA EAPEN, J.
This original petition has been filed by the Kerala Public Service Commission (for short, “PSC”), who were respondents 1 & 2 before the Kerala Administrative Tribunal, challenging the order of the tribunal in OA(Ekm) No.537 of 2015 dated 19.02.2016, which was filed by the first respondent herein aggrieved by the rejection of her application by the PSC for selection to the post of High School Assistant (Physical Science) (Malayalam) in Kannur District.
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the post of High School Assistant (Physical Science) as per Annex.A5 notification dated 30.04.2008, wherein the qualification prescribed are as follows;
“A Degree in the concerned subject and B.Ed/BT conferred or recognized by the Universities in Kerala (concerned subjects are specified in Note 3 below)
Xxxxx
(3) Applicants should have taken Physics/Chemistry/Home Science as main subject for graduation. Degree in Geology (Main) with Physics and Chemistry as subsidiary subjects and B.Ed Degree (Physical Science) can also be considered as an alternative qualification for the post (GO (MS) No.195/96/G.Edn., dated 22.07.1996).”
Subsequent to the publication of Annex.A5 notification, an erratum notification was published by the PSC making an addition that “a degree in the concerned subject conferred or recognized by Universities of Kerala”. The first respondent/applicant applied to the said post and found a place in the ranked list dated 22.02.2012. However, thereafter, she was issued with Annex.A8 notice to show cause as to why she should not be removed from the ranked list dated 22.02.2012 for the post of High School Assistant (Physical Science) as she has not studied Physics or Chemistry as subsidiary subjects in graduation. Though the first respondent/applicant submitted Annex.A9 explanation, her name was deleted from the ranked list as per Annex.A10
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erratum notification dated 27.05.2014. It was challenging this, the first respondent/applicant approached the tribunal. The tribunal, after consideration of the issue, allowed the original application and directed the PSC to include the first respondent/applicant in the ranked list in the appropriate place and to advise her for the post of High School Assistant (Physical Science) in Malayalam medium in Kannur District. Aggrieved by this, the PSC has come up before this Court with the original petition.
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judgment in OP(KAT) No.2904 of 2013, a candidate possessing a degree in Polymer Chemistry can be treated as qualified if only such candidate has acquired the decree with Physics as subsidiary. Since the first respondent/applicant has not studied physics as a subsidiary subject, she cannot be appointed to the post of High School Assistant (Physical Science).
“16. Coming to O.P.(KAT) 2904 of 2013, it is true that the benefit ordered to be given by the Apex Court vide Ext.P9 (produced in O.P.(KAT) 222 of 2015) is only in respect of the persons, who were parties before the Apex Court. But the case of the first respondent herein is that, the Tribunal granted the relief at the first instance , which was sought to be challenged by the PSC by filing O.P.(KAT) 2904 of 2013. It is possible to think, if interference was declined by the Tribunal, the first respondent might have pursued further steps either by filing a Review, or by approaching this Court or even taking up the matter before the Supreme Court, so as to have been included as a party to have the grievance redressed along with the cause projected by others, which
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was considered by the Apex Court while passing Ext.P9 order (in O.P(KAT)222 OF 2015). This being the position, this Court does not find that any interference is to be made with regard to the direction given by the Tribunal; more so , in the light of Ext.P9 order in OP(KAT) 222 of 2015. The petition preferred by the PSC is dismissed in the said circumstance and the benefit, as ordered by the Apex Court, could be extended to the first respondent as well, to the extent as ordered therein.”
It was further observed therein that since the tribunal granted the relief at the first instance, the applicant therein lost the chance to have been included as a party before the apex court to have the grievance redressed, which ought to have been granted along with the cause projected by others. The applicant therein was also a candidate, who studied Polymer Chemistry as the main subject and has not studied Physics at any level of graduation or post graduation. This Court, in OP(KAT) No.2904 of 2013, did not interfere with the order of the tribunal.
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that the said order cannot be quoted as a precedent in future recruitments. Though it is specifically mentioned in Annex.A12 order of the apex court that it cannot be quoted as a precedent for future recruitments, insofar as the instant case is concerned, it is not a future recruitment, but a recruitment on the basis of the very same notification. Hence, we do not think that a different view can be taken in the matter.
“18. Since it is prescribed by the relevant orders that persons with a Degree in Chemistry with B.Ed in Physical Science are qualified for appointment, we think, we should accept the contentions of the applicants that B.Sc Degree in Polymer Chemistry is also a Degree in Chemistry covered by those orders and it cannot be treated as a Degree in some other subject. When a service qualification, like three years experience, is prescribed for a post the courts have held that unless it is expressly excluded, the same will partake within its fold temporary service also. Likewise, when a Degree in Chemistry is prescribed, a Degree in Polymer Chemistry, also being a Degree in Chemistry, is acceptable. Apart from that, in this case, the Kerala University as per Annexure-A14 has treated B.Sc Polymer Chemistry main as equivalent to B.Sc Chemistry main. So, when the prescription of qualification only provides for a Degree in the concerned Subject, i.e., Physical Science recognised by any of the Universities in Kerala, we think that the recognition granted by AnnexureA14 by the Kerala University to its Degree in Polymer Chemistry as equivalent to B.Sc Degree, is binding and the same has to be accepted by the Public Service Commission, even though the Rule does not provide for prescription of equivalence in express words. But that concept is brought in
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by the prescription regarding recognition by a University in Kerala The learned counsel for the Commission tried to argue that the prescribed qualification does not contemplate recognition of a Degree of a University as equivalent to another Degree of the very same University. It only contemplates a degree awarded by a University from outside Kerala and its recognition by a University in Kerala as equivalent to the B.Sc Degree in Chemistry. We think that the meaning of the words prescribing the qualifications cannot be curtailed or restricted in that manner. It will partake with its fold the recognition granted by a University to one of its Degree as equivalent to another Degree of that University itself. The recognition of a Degree by the University means granting an equivalency certificate to the Degree. So, when a University recognises a Degree as equivalent to a Degree prescribed by the Special Rules/orders, the Public Service Commission is bound to accept it. It cannot collaterally attack it. Though a contention was taken by the Public Service Commission in its reply statement that the recognition by the University will apply only to the B.Ed Degree and not to the Degree in the subject, the said point was not rightly canvassed before us by the learned counsel for the Public Service Commission.”
It was held by the tribunal in the impugned order that the degree in Polymer Chemistry is also a degree in Chemistry and therefore, a degree in Physical Science. The first respondent/applicant also produced Annex.A2 marklist, which shows that the main subjects of polymer chemistry are Theoretical & Inorganic Chemistry, Organic Chemistry I, Inorganic Chemistry II, Physical Chemistry I, Physical Chemistry II, Organic Chemistry II, Polymer Chemistry I and Polymer Chemistry II. Therefore, as per the marklist, it is clear that Polymer Chemistry also includes all streams of Chemistry as main subjects. In Annex.A5 notification, subsidiary subjects such as Physics and Chemistry are insisted
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on only for a degree in Geology. The applicant being a graduate in Polymer Chemistry, which is also a degree in Chemistry, is eligible, as per Annex.A5 notification dated 30.04.2008, to be appointed to the post of High School Assistant (Physical Science).
In view of the foregoing discussion, we do not find any reason to interfere with the impugned order passed by the tribunal. The original petition is, accordingly, dismissed.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
OP(KAT) No.88/2016
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APPENDIX OF OP(KAT) 88/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE O.A.(EKM) 537 OF 2015 ALONG WITH ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE KANNUR UNIVERSITY. ANNEXURE A2 TRUE COPY OF THE MARK LIST FOR THE FINAL YEAR EXAMINATION HELD IN APRIL 2003 ISSUED BY THE KANNUR UNIVERSITY. ANNEXURE A3 TRUE COPY OF THE DEGREE CERTIFICATE DATED 15/05/2013 ISSUED BY THE CALICUT UNIVERSITY. ANNEXURE A4 TRUE COPY OF THE CERTIFICATE DATED 30/01/2012 FOR STATE ELIGIBILITY TEST. ANNEXURE A5 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30/04/2008. ANNEXURE A6 TRUE COPY OF THE ERRATUM NOTIFICATION DATED 03/07/2008. ANNEXURE A7 TRUE COPY OF THE RANKED LIST PUBLISHED BY THE FIRST RESPONDENT WITH EFFECT FROM 22/02/2012. ANNEXURE A8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29/04/2013. ANNEXURE A9 TRUE COPY OF THE REPLY. ANNEXURE A10 TRUE COPY OF THE ERRATUM NOTIFICATION DATED 27/05/2014. ANNEXURE A11 TRUE COPY OF THE PETITION SUBMITTED BY THE APPLICANT. ANNEXURE A12 TRUE COPY OF THE JUDGMENT DATED 08/01/2015 AND MADE IN CIVIL APPEAL
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| NOS.226 OF 243/201 | 5. | ||
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 537 OF 2015 DATED |
ORD 19.02 |
ER IN O.A.(EKM) .2016. |
| EXHIBIT P3 | TRUE COPY OF OP(KAT)NO.2904 21.07.2015. |
THE OF |
JUDGMENT IN 2013 DATED |
| EXHIBIT P4 | TRUE COPY OP(KAT)NO.9/2016 D |
OF ATED |
JUDGMENT IN 14.01.2016. |
1 issue framed by the court
Whether a graduate in Polymer Chemistry without Physics as a subsidiary subject qualifies for High School Assistant (Physical Science) under the 30.04.2008 notification.
Kerala Public Service Commission
Safeera M.K.
State of Kerala
Deputy Director of Education
Kannur University
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
