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SUPREME COURT OF INDIA
HIMA KOHLI, SANDEEP MEHTA, JJ.
Shifana P.S. – Appellant
Versus
The State of Kerala and Others – Respondents
Civil Appeal No. 4468 of 2013
Decided On : 06-08-2024
Service Law – Appointment – Qualification – Post of High School Assistant (Physical Science) – Equivalence of a qualification is not a matter that can be determined in exercise of power of judicial review – Whether a particular qualification should or should not be regarded as equivalent is a matter for State, as recruiting authority, to determine – Equivalence is a technical academic matter, it cannot be implied or assumed – Judicial review can neither expand ambit of prescribed qualifications nor decide equivalence of prescribed qualifications with any other given qualification – In case in hand, qualifying criteria prescribed for post advertised was a degree in B.Sc. (Chemistry) – Appellant does not hold such a degree – Appellant was not qualified for post advertised – Appeal dismissed. (Paras 13, 14, 15, 16 and 18)
Facts of the case:
Being aggrieved by her non-selection to post of High School Assistant (Physical Science), appellant preferred O.A. before Tribunal seeking direction that respondents be commanded to include her name at appropriate position in final merit list according to marks which she had obtained in written test held by KPSC. Original application preferred by appellant came to be rejected by Tribunal and later by Division Bench of High Court.
Findings of Court:
No justifiable reason so as to interfere with Judgment dated 16th October, 2012 rendered by High Court.
Result : Appeal dismissed.
Key Points: - The qualifying criteria for the post advertised were a degree in B.Sc (Chemistry) and B.Ed./BT; appellant did not hold B.Sc (Chemistry) (!) (!) - The matter concerns whether B.Sc (Polymer Chemistry) can be treated as equivalent to B.Sc (Chemistry) for appointment eligibility; court notes equivalence is a technical academic matter for the recruiting authority and not for judicial expansion (!) (!) (!) - The University of Calicut’s certificate of equivalence for Polymer Chemistry is not enough to override the prescribed requirement and then appellate relief is denied (!) (!) - The High Court and Tribunal decisions denying appointment are upheld; appellant’s non-selection stands (!) (!) (!) - The appellant’s argument based on equivalence certificate was rejected citing established precedents and the notification criteria (!) (!)
JUDGMENT
SANDEEP MEHTA, J.
1. Heard.
2. The instant appeal by special leave is directed against the judgment dated 16th October, 2012, rendered by the Division Bench of the High Court of Kerala at Ernakulam whereby OP (KAT) No. 3407 of 2012 preferred by the appellant was dismissed and the order dated 19th June, 2012, passed by the Kerala Administrative Tribunal, Thiruvananthapuram (hereinafter being referred to as the ‘Tribunal’) dismissing O.A. No. 370 of 2012 preferred by the appellant, was affirmed.
3. Facts in a nutshell relevant and essential for the disposal of the instant appeal are noted herein below.
4. The Kerala Public Service Commission (hereinafter being referred to as the ‘KPSC’) invited applications for the posts of High School Assistant (Physical Science) vide notification dated 30th April, 2008. The qualifying criteria in the said advertisement was as below:
(1)........
(2)........
(3) Applicant should have taken Physics/Chemistry/Home Science as main Subject for graduation. Degree in Geology (Main) with Physics and Chemistry as subsidiary subjects and B.Ed Degree (Physical/Science) can also be considered as an alternative qualification for the post [GO (MS) No. 195/96/G.Edn. Dated 22.7.1996].”
5. The appellant, who holds a graduation degree in B.Sc (Polymer Chemistry) and a B.Ed (Physical Science), appeared in the written test on 10th October, 2009 and cleared the exam. The KPSC invited the appellant vide letter dated 03rd October, 2011 for the interview requiring her to produce the equivalency certificate evidencing that B.Sc (Polymer Chemistry) is equivalent to B.Sc (Chemistry).
6. The appellant claims that the University of Calicut had issued a certificate verifying that B.Sc (Polymer Chemistry) offered by the said University is recognised as equivalent to its B.Sc (Chemistry) course for the purpose of employment and higher studies.
7. The KPSC released the final merit list. However, the appellant's name did not figure therein. The reasoning assigned for excluding the appellant’s name was that the High Court of Kerala had held in the case of A. Suma vs. The Kerala Public Service Commission and Others, 2010 SCC Online Ker 5028 that under the scheme of Kerala State & Subordinate Service Rules, 1958, the KPSC is incompetent to deal with the question of ‘equivalence’ of educational or other qualifications prescribed by the special rules, unless the special rules provide for the recognition of qualifications other than those prescribed.
8. Being aggrieved by her non-selection, the appellant preferred O.A. No. 370 of 2012 before the learned Tribunal seeking a direction that the respondents be commanded to include her name at the appropriate position in the final merit list according to the marks which she had obtained in the written test held by the KPSC. The original application preferred by the appellant came to be rejected by the Tribunal vide judgment dated 19th June, 2012, holding that the appellant failed to meet the qualifying criteria and thus she was ineligible for appointment to the post of High School Assistant (Physical Science).
9. The appellant assailed the order passed by the Tribunal by preferring OP (KAT) No. 3407 of 2012 in the High Court of Kerala. The learned Division Bench rejected the petition filed by the appellant vide judgment dated 16th October, 2012 which is subjected to challenge in this appeal by special leave.
Submissions on behalf of the appellant:
10. Learned counsel representing the appellant vehemently and fervently contended that the Tribunal did not non-suit the appellant on the ground that the degree of B.Sc (Polymer Chemistry) was not equivalent to the degree in B.Sc (Chemistry) required under the notification. The reasoning assigned by the Tribunal in the order dated 19th June, 2012 was that the appellant had not studied physics as one
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