Dharmadhikari, J. - (1.) These appeals have been preferred by the candidates seeking recruitment the post of lower primary/upper primary teachers in the Government Schools of the State of Kerala. They questioned their non-selection the post due inclusion of B.Ed. candidates in the select list prepared by the Public Service Commission of the State of Kerala. Their contention before the High Court was that in the advertisement issued for recruitment the post of teachers in Government Primary Schools, B.Ed. is not the prescribed qualification and only candidates with prescribed educational qualifications of Teachers Training (Certificate) (shortly referred as TTC) were entitled compete for the selection and seek appointment.
(2.) Learned Single Judge of the High Court of Kerala by judgment dated 25.1.1999 allowed the petition of the present appellants holding that B.Ed. candidates could not have been included in the select or rank list as they were not eligible under the terms of the advertisement. The learned single judge issued directions the State Public Commission prepare the rank list afresh by excluding B.Ed. candidates. A further direction was issued that all orders of appointment issued in favour of B.Ed. degree holders be cancelled. The relevant part of the directions given by the learned single judge deserves be reproduced: "In the above mentioned circumstances, Original Petition succeeds and it is declared that B.Ed. holders who are not having TTC and who have been included in the rank list should be deleted from the rank list. Accordingly, there will be a direction the Public Service Commission rearrange the rank list in the Pathanamthitta District, after excluding above-mentioned persons. This exercise should be done within a period of one month from the date of receipt of a copy of this judgment. There will also be a direction the PSC cancel the advice which has already been made as far as B.Ed. holders are concerned who are not having TTC and there will be a direction the Government cancel the appointment already made all those persons whose advice are be cancelled by the PSC. Original Petition is allowed the above extent."
(3.) By the impugned judgment dated 18.2.2000, the Division Bench of the High court in Writ Appeals and Original Writ Petition before it, preferred by the B.Ed. candidates (who are private respondents before us), upheld the decision of the learned single judge that under the terms of the advertisement, the B.Ed. candidates were not qualified compete for the post. Despite this strangly it upset the directions made in favour of the present appellants as TTC candidates, because of an undertaking given by the State of Kerala that they would be suitably amending the Rules of recruitment for providing avenues of recruitment B.Ed. degree holders as teachers in Government Primary Schools. The relevant part of the observations with reasoning and conclusion drawn by the division bench in its order allow the appeal of the B.Ed. candidates also needs be reproduced: "The learned judge finally held that in view of the principles laid down in the aforesaid decisions, B.Ed. is not a qualification prescribed and therefore B.Ed. holders are ineligible apply. When the matter is thus considered only in the premise of Ext.P3 notification we cannot say that the learned judge has committed any error in holding that PSC is not justified in searching for an equivalent or better qualification. But we have before us other lively and stimulating issues for decision which we prefer discuss presently. ********** ********** ********** The Government have expressed in the affidavit dated 19.1.2000 that they would frame rules in accordance with the decision taken on 2.6.1999 in consultation with the PSC for future appointments of TTC hands only in LP Schools and B.Ed. holders and TTC hands in UP Schools as expeditiously as possible. This is a solemn undertaking which should be implemented with extreme swiftness. We do not want keep the position uncertain and vague as far as future appointments are concerned. It is made clear that we have validated the appointments already made for apparent reasons referred above. We therefore direct the government frame rules as above expeditiously, at any rate within a period of three months from day and regulate all future selections and appointments accordingly. In view of the discussion herein above we hold that the rank list published by the PSC for appointment the post of UPSA/LPSA (Malayalam) in Pathanamthitta district is valid. The direction given by the learned single judge in the impugned judgment the PSC re-arrange the rank list in Pathanamthitta district and cancel all the appointments of B.Ed. holders the post of UPSA and LPSA is set aside. All the appointments of B.Ed. holders so far made t eh post of LPSA/UPSA are declared valid. The judgment of the learned single judge in OP No. 19187 of 1999 is accordingly set aside." ;