MUJEEB RAHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CAN the Public Service Commission meddle with the qualification laid down for the post of Higher Secondary School Teachers under the Kerala Higher Secondary Education State Service Rules, framed by the government of Kerala in exercise of the powers conferred under S. 2 (1) of the Kerala public Services Act, 1968, is the question that has come up for consideration in these cases.

(2.) GOVERNMENT of Kerala in exercise of the powers conferred by sub-s. (1) of S. 2 of the Kerala Public Services Act, 1968 have framed the Special Rules for the Kerala Higher Secondary Education State service called the Kerala Higher Secondary Education State Service Rules, 2001 . Department of Higher Secondary Education was formed in the year 1990. Appointments to various categories of posts in the Department are being made on deputation and on provisional basis. State GOVERNMENT thought it necessary to prescribe qualification, method of appointments etc. to the various posts coming under the Department so as to make regular appointments. It was under such circumstances Special Rules were framed. The Higher Secondary Education state Service consists of two categories; Principal of Higher Secondary School and Higher Secondary School Teachers on various subjects. R. 3 of the Rules deals with appointments to various categories of which we are concerned in these cases only with Higher Secondary School Teacher, which, as per the method of appointment, has to be made by transfer from Higher Secondary School Teacher (Junior) in the subject concerned and in the absence of qualified hands under cl. (1), vacancies shall be apportioned in the ratio of 1:3 between appointment by transfer and direct recruitment. Sub-r. (3) of R. 3 stipulates that direct recruitment shall be made on Statewise basis by the Kerala Public Service Commission. R. 4 stipulates that the appointing authority in respect of category 2, Higher Secondary School teachers, shall be the Director of Higher Secondary Education. R. 5 stipulates the qualification for appointment to various categories including the post of Higher Secondary school Teacher. For easy reference we may refer to the relevant qualifications laid down in R. 5. 5. Qualifications.-- No person shall be eligible for appointment to the category mentioned in column (2) in the Table below under methods specified in column (3) unless he possesses the qualification prescribed in the corresponding entry in column (4) thereof. Note: 1. In the absence of B. Ed. Degree holders, candidates having Master's Degree and who have passed State Eligibility Test will be considered. Preference will be given to Ph. D. Degree or M. Phil. Degree or qualified at Junior Research Fellowship/national Eligibility Test. The teachers appointed under this provision will have to acquire B. Ed. Degree at their own expense within five years from the date of entry in service. The Kerala Public Services Act, 1963 has conferred powers on the State GOVERNMENT to make rules to regulate the recruitment and conditions of service of persons appointed to public services and posts connected with the affairs of the State of Kerala . It is in exercise of that statutory power, State GOVERNMENT have framed the special Rules for the Kerala State Higher Secondary Education State Service rules, 2001. Further Art. 162 of the Constitution of India also stipulates that the executive powers of the State shall extend to the matters with respect to which the Legislature of the State has power to make laws.

(3.) IN the counter affidavit filed by the Public Service commission they have made the stand more clear. According to it, degree acquired through distance education course and correspondence course is different and distinct from that of the degree obtained after undergoing regular course of study. Further it is also stated that Kerala Public Service commission is a constitutional body and the duties and functions of the commission have been laid down in Art. 320 of the Constitution of INdia, that is, to conduct selection for appointment to the services of the State. Duty cast on the Public Service Commission is to select best suitable candidate to the post. Further it is stated, under the Kerala Public Service Commission rules of Procedure, Commission can conduct all or anyone or more of the examinations stated in R. 3 to assess the merits of the candidates. Commission is also empowered to decide the manner in which a selection is to be finalized, as per R. 11. As per R. 11, Commission has to decide as to whether a candidate possess the prescribed qualification for the post and any other matter incidental to the selection. Further it is also pointed out while deciding the zone of consideration and mode of selection, several factors like qualifications prescribed, the nature of degree obtained by the candidates, duties attached to the post, the number of candidates in the fray etc. are very relevant and therefore the Commission is entitled to restrict the zone of consideration based on the nature of degree obtained by the candidate in relation to the post for which selection is conducted.