KERALA PUBLIC SERVICE COMMISSION Vs. ABOOBACKER MATTAYI

JUDGEMENT

(1.) The issue in this matter is whether a double main obtained in a degree can be considered a specialized subject in one of the mains for the purpose of appointment as Full Time Junior Language Teacher (Arabic) in a Lower Primary School. The first respondent was the applicant before the Tribunal. Admittedly, he possessed BA Arabic and Islamic History as two main subjects in BA degree. The Kerala Public Service Commission (PSC) was of the view that when a notification was issued inviting applications from the qualified hands prescribing degree in Arabic, such a degree has to be exclusively in Arabic and not aligning with any other main subjects. This has been repealed by the Tribunal. Accordingly, PSC has filed this original petition.

(2.) As seen from the notification, an application for by transfer appointment to the post of Full Time Junior Language Teacher Arabic-LPS was invited. One of the qualifications prescribed is a degree in Arabic conferred or recognized by the Universities in Kerala. The respondent-applicant possessed a BA degree in Arabic and Islamic History awarded by the University of Calicut. As seen from the order of the University in Kerala, this is a double main degree of the University and it is equivalent to BA Arabic or BA Islamic History. That means, a candidate who undergoes such a programme will have the advantage of two main degrees. The mere inclusion of an additional subject in a main degree does not imply that the individual lacks a degree in one of the main subjects. University is the expert body. They considered the double main degree to be equivalent to a single degree programme. As per Annexure A20, the Government also acknowledged that a triple main degree is equivalent to a particular main degree in any of the subjects, provided such a degree is obtained through regular study from a recognised University. Therefore, it is clear that a particular degree in Arabic when supplemented with another main subject, will not cease to have the colour of a BA degree in Arabic. Therefore, the challenge made by PSC is bound to fail. The original petition is, accordingly, dismissed.