LAWS(KER)-2007-2-338

USHA K S Vs. DISTRICT EDUCATIONAL OFFICER

Decided On February 21, 2007
USHA K S Appellant
V/S
DISTRICT EDUCATIONAL OFFICER Respondents

JUDGEMENT

(1.) Case of petitioner, in brief, is as follows:

(2.) Third respondent and the official respondents have filed Counter Affidavits. In the Counter Affidavit filed by third respondent, it is, inter alia, stated as follows:

(3.) The question that falls for decision is whether Ext. P1 is justified. Admittedly, third respondent is senior to petitioner. The only question is whether third respondent is possessed of a qualification equivalent to the Degree in B.Ed./BT/LT. On the one hand, counsel for petitioner would contend that having regard to the words of the Rule, the equivalent qualification must be a Degree and as the third respondent is relying on Ext.P2 issued in 1977, when admittedly the Rashtreeya Sanskrit Sansthan as also the Rashtreeya Vidhyapeeda, Thirupathy were neither Universities nor deemed Universities, it could not be treated as an equivalent qualification. This is for the reason that under the University Grants Commission Act, only a University or a deemed University is authorised to award Degree.