LAWS(KER)-2019-10-225

MOHAMMED ERSHAD M.P Vs. ADMINISTRATOR

Decided On October 03, 2019
MOHAMMED ERSHAD.M.P Appellant
V/S
ADMINISTRATOR Respondents

JUDGEMENT

(1.) The petitioner, who was the applicant in one of the O.A.s before the Tribunal, is before us challenging Ext.P10 common order in the four O.A.s disposed of by the Tribunal. O.A.No.554 of 2012 was concerned with the consideration of a qualification acquired after the final date for application, which was rejected by the Tribunal; with which we are not concerned. All the other three O.A.s agitated a common issue before the Tribunal.

(2.) The issue agitated in the other O.A.s was with respect to the essential qualification and additional qualification requiring an approval of the National Council for Teacher Education (NCTE). The Post advertised by the Administration of Lakshadweep, a Union Territory, was Physical Education Teachers. The essential qualification was Bachelor of Physical Education (BPE) or Graduate from a recognised University with Bachelor Degree in Physical Education (BPEd). The desirable qualifications were Masters Degree in Physical Education (MPE or MPEd) from a recognised University. The petitioners in O.A.Nos.406 of 2012 and 433 of 2012 had the desirable qualifications from Annamalai University. The petitioner herein, who was the applicant in O.A.No.564 of 2012, had the essential qualification but no desirable qualification.

(3.) The Administration did not consider the applicants having essential or desirable qualification from Annamalai University. The reason for such non- consideration was a letter issued by the NCTE dated 21.1.2011. The said letter which was reproduced in the order of the Tribunal and also in public notices issued by the NCTE indicated that the Diploma in Physical Education and BPEd and MPEd qualifications issued by the Annamalai University were not courses recognised by the NCTE. The notification issued by the Lakshadweep Administration was dated 21.11.2011. O.A.Nos.406 of 2012 and 433 of 2012 challenged the exclusion made by the Administration. O.A.No.564 of 2012 sought for exclusion of candidates whose qualifications were obtained on completion of courses not recognised by the NCTE.