P M LATHA Vs. STATE OF KERALA

JUDGEMENT

(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:

(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: