MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE question that has come up for consideration is as to whether this Court can compel the State of Kerala and the Public Service commission to recognise the Parcharak Diploma of the Dakshina Bharath Hindi prachar Sabha as an essential qualification for appointment to the post of High school Assistant (Hindi) in the State of Kerala.

(2.) PETITIONERS in O. P. 9492/98,9472/98,9287/98 and 2529/98 have submitted applications in pursuance to notification issued by public Service Commission for appointment to the post of High School Assistant (Hindi ). Their applications were rejected by the Public Service Commission stating that they do not possess the qualification prescribed in the notification. They were further informed that only those applicants who have obtained Hindi Pracharak Diploma prior to 1969-70 would be eligible to apply.

(3.) THE qualification prescribed for the post of High school Assistant (Hindi) in Private or Aided School is prescribed in Chapter xxxi of the Kerala Education Rules. THE requisite training qualification is extracted below. "high School Assistant (Hindi): - THE candidates shall possess any one of the academic qualifications a training qualification as specified below: A. ACADEMIC QUALIFICATION A degree in Hindi conferred or recognised by the universities in Kerala; or A title of oriental learning in Hindi awarded recognised by the Universities in Kerala; or Praveen of the Dakshina Bharat Hindi Prachara Sabha, madras, with a pass in the SSLC Examination conducted by the Commissioner for government Examinations, Kerala, or its equivalent; or Sahithyacharya of Kerala hindi Prachar Sabha with a pass in SSLC Examination conducted by the commissioner for Government Exammations Kerala or its equivalent. B. TRAINING QUALIFICATIONS B. Ed. /b. T. /l. T. conferred or recognised by the universities in Kerala; or Diploma or Certificate of Language Teacher's training in Hindi issued by the Commissioner for Government Examinations, kerala; Diploma in Hindi Teacher's Training issued by the Commissioner for government Examinations, Kerala; or A pass in any one of the following examinations of the kendriya Hindi Sikshan Mandal, Agra namely: (i) Hindi Siksha Praveen; (ii) Hindi Siksha Parangath; (iii) Hindi Siksha Nishnat. Explanation I - Persons who have successfully undergone pracharak Diploma of the Dakshina Bharat Hindi Prachara Sablia upto and including the academic year 1969-70 shall be considered to possess the requisite training qualification. Explanation II - Persons who have successfully undergone the course in Hindi Teacher's Diploma Course of the Regional Hindi Training college Gandhi gram, Madhura, during the Academic year 1967-68 or prior to that year shall be considered to possess the requisite training qualification. Explanation III - Persons who have successfully undergone acharya Course of the Kerala Hindi Prachar Sabha upto and including the academic year 1969-70 shall be considered to possess the requisite training qualification. " In Government Schools also the qualification prescribed is almost identical.