PREETHA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Writ Appeal is filed by a candidate, who applied for selection to the post of Lecturer in Law College. Even though the appellant was allowed to undergo the selection process under interim orders and the appellant achieved the position in rank list in between rank Nos. 8 and 9, the PSC has opposed appellant's selection for the reason that the appellant does not have three years bar experience, which is the requirement for eligibility for selection. Learned Single Judge held that appellant's research experience as a Ph.D. student cannot be counted though her post graduate studies in Law is counted by the PSC without any objection. We have heard learned counsel appearing for the appellant and learned Standing Counsel for the PSC.

(2.) The appellant, admittedly is a second rank holder in LL.B and has above 55% marks in LL.M. Besides this the appellant is a UGC Junior Research Fellow. So much so, she has the required educational qualifications for being considered for selection. The short question arising for consideration is whether the appellant has three years bar experience, which includes periods of Post Graduate study in Law (LL.M.) underwent by the appellant for being considered for selection. The appellant was enrolled as an advocate on 26.10.2003, and after enrolment and commencement of practice she joined for LL.M. and took LL.M. degree. Practice in the Bar as well as the course study in LL.M. were reckoned by the PSC for the purpose of Bar experience of the appellant. However, according to the PSC, there is a shortage of less than two months. The stand taken by the PSC is that since the appellant joined as a Full Time Research Fellow for getting UGC fellowship on 1.9.2006 in the Cochin University, her experience thereafter cannot be reckoned neither as bar experience nor as a student of Post Graduate Law study. The case of the PSC is that under the UGC Regulations, full time Research Fellow should not engage in any other activity or employment, which bars the appellant from practicing as a Lawyer. So much so, her research experience after 1.9.2006 cannot be counted is the case of the PSC. Learned counsel appearing for the appellant referred to the UGC Scheme, which does not stipulate Bar experience as a condition for eligibility for selection to the post of Lecturer in Law in any University in India. He further pointed out that the decision of the PSC is arbitrary because when post graduate study in Law, namely LL.M., is reckoned as Bar practice, then there is no reason why research in Law should not be treated at least at par with the LL.M. course. We find force in this contention because when the PSC recognised LL.M. course study as equivalent to Bar experience, what is conceived is that the person to be considered for the post of Lecturer in Law should be engaged for minimum three years in legal practice or learning in law. After the LL.M. course, instead of joining as a research fellow if the appellant had registered as an LL.M. student in another subject, certainly the appellant would have been qualified for appointment as a Lecturer. We see no reason why research fellowship is not treated at least at par with LL.M. course. So much so, we do not find any justification for the PSC to bar the appellant from being considered for selection. Learned Standing Counsel for the PSC submitted that appellant's position could be between rank Nos. 8 and 9, which means that if appellant was considered as qualified she should have been ranked No. 8A. It is stated that already 12 persons are appointed from the very same list, which means that at least 3 persons below appellant's rank got selection though may be under rotation.