KERALA PUBLIC SERVICE COMMISSION Vs. ABDUL RASHEED K

JUDGEMENT

(1.) Public Service Commission invited applications for the post of High School Assistant in Arabic in the Thrissur District by notification published on 15-6-2004. Following are the qualifications prescribed for the post.

(2.) Public Service Commission filed counter-affidavit in the writ petition. They took up the stand that B.A. Degree obtained by the Petitioner through correspondence course cannot be treated as B.A. Degree obtained through regular course. Further it was pointed out that Petitioner has obtained B.A. Degree in History through open stream without undergoing the course under 10+2+3 pattern. Further it is also stated that the Commission has taken a conscious decision that a degree obtained without undergoing SSLC need not be accepted. Further it is stated that a large number of candidates who have obtained degree under regular course were available for consideration and hence limiting the zone of consideration on that basis was justified. Learned Single Judge noticed that the Petitioner has obtained B.A. Degree from Calicut University and has also obtained Bachelor's Degree in Education (B.Ed.) and passed the State Eligibility Test. Learned Single Judge noticed that the notification issued by the Commission also permitted candidates with Post graduate in Arabic to apply if they possess B.Ed./B.T./L.T. Learned Judge noticed that Exts. P-6 and P-7 would show that the Petitioner has passed B.Ed. examination in Arabic and obtained Master's Degree in Arabic. Learned Judge also referred to the decisions in State of Kerala v. Sujakumari, 2006 1 KerLT 846 and Mujeeb Rahman v. State of Kerala, 2005 1 KerLT 680 and took the view that Petitioner was fully qualified for the post. Consequently it was held that P.S.C. was not justified in excluding the Petitioner from the rank list for the sole reason that he had obtained his Bachelor's Degree through correspondence course. Aggrieved by the said judgment P.S.C. has come up with the present appeal.

(3.) P.S.C. submitted that there were large number of candidates who had obtained B.Ed. Degree after undergoing 10+2+3 pattern of study. Consequently the Commission decided to consider only those candidates who possess the qualification of 10+2+3. Further it was stated that P.S.C had noticed the distinction between a candidate who acquired qualification after undergoing regular study and a candidate who acquired the qualification through correspondence course. Commission also took up the stand that it has got power to eliminate candidates on a reasonable criteria. Reference was made to the decision of the apex Court in Mohammed Riazul Usman Gani s case, 2000 2 SCC 606 and also various decisions of this Court. Reference was also made to the decisions of this Court in Prathapan v. Registrar of High Court of Kerala, 1984 KerLT 625 and Antony, P.A. and Ors. v. Krishnadas, M.N. and Ors.,2007 ILR(Ker) 244