PRAVEEN KUMAR.C.P Vs. KERALA PUBLIC SERVICE COMMISSION
LAWS(SC)-2021-8-61
SUPREME COURT OF INDIA
Decided on August 17,2021

Praveen Kumar.C.P Appellant
VERSUS
KERALA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

ANIRUDDHA BOSE, J. - (1.) Leave granted in both the petitions.
(2.) The controversy involved in these proceedings relates to the issue as to whether the appellants possessed the eligibility criteria for appointment to the posts of High School Assistants in the State of Kerala. The main dispute is over the question as to whether the appellants' B.Ed, degrees were in the subjects fulfilling the eligibility criteria. This is the common question involved in both the appeals and we shall deal with this controversy in a composite manner in this judgment. There are some variations in the factual basis of the claims of both the appellants and we shall refer first to that aspect separately for each of the appellants.
(3.) In the appeal originating in the Special Leave Petition (Civil) No. 4604 of 2020, the appellant is one Praveen Kumar C.P. We shall refer to him henceforth as PK. The selection process for the post was initiated by an employment notification dated 31st December, 2012, issued by the Kerala Public Service Commission (KPSC). PK had applied for the said post in Natural Science. The notification was for appointment in Malayalam medium institutions in all the fourteen districts of the State of Kerala. The requisite academic qualification for the post for which PK had applied was stipulated Clause 7 of the said employment notification. This Clause read:- "7. Qualification: - A degree in the concerned subject and B.Ed/BT in the concerned subject conferred or recognized by the University in Kerala (Concerned subjects are specified in Note (ii) below)Note:- (i) Diploma in Rural Service awarded by the national Council for Rural High Education will be treated as equivalent to degree for the above purpose. (ii) The applicants should have taken Botany or Zoology or Home Science or Micro Biology as Main subjects for graduation or post graduation. (iii) Question papers for written test if any will be in Malayalam, The candidates should answer the questions in Malyalam. (iv) The disciplines in Degree and B.Ed Degree were obtained should be mentioned in brackets in the application form. (v) Those candidates who secured B.Ed/B.T Degree from the Universities outside Kerala should note in the application form, the number and date of relevant orders declaring the said degree as equivalent to those prescribed for this selection. The copies of such order shall be produced before the commission when it is called for." ;


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