DR. V. PAVITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Certain facts are not in dispute. The petitioner and respondent Nos. 4 onwards and others were applicants to the post of Principal of an institution run by the third respondent, an authority coming within the meaning of 'State' under Article 12 of the Constitution of India. The requirements regarding qualification, age and experience are governed by Ext. P1 Govt. Order. Those are as follows :

(2.) Admittedly by the 4th respondent, he does not have degree in Education/Diploma in Guidance and Counselling. According to him, all the subjects in Diploma in Guidance are covered by the syllabus of B.A. Degree in Psychology. But, it has to be borne in mind that the first qualification required is M.A. Degree in Psychology/Sociology. It was in spite of that, a second qualification of Degree in Education/Diploma in Guidance and Counselling is also prescribed. This is sufficient to denote that one should invariably possess M.A. Degree in Psychology/Sociology as well as Degree in Education/Diploma in Guidance and Counselling. Therefore, that contention of the 4th respondent does not stand. Thus, the 4th respondent does not satisfy the requirement of the second qualification, admittedly. There is also dispute as regards whether the 4th respondent satisfies the third qualification of 10 years experience in rehabilitation of the handicapped. Anyhow, I am not deciding on that as it is immaterial in the light of so finding concerning the second qualification.

(3.) Another requirement to be satisfied by a candidate in terms of Exts. P1 and P2 is that he should be above the age of 35 years, obviously because the post notified is of Principal.