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2015 Supreme(Ker) 17

THOTTATHIL B.RADHAKRISHNAN, K.HARILAL
B. Shine Bose – Appellant
Versus
Kerala Public Service Commission, represented by its Secretary, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioners:K.P. Rajeevan, Advocate.
For the Respondents: R1, P.C. Sasidharan, SC, KPSC, R2 & R3, T. Ramaprasad Unni, Senior Government Pleader, R4, Bechu Kurian Thomas, SC, University of Kerala.

Judgment :-

Thottathil B. Radhakrishnan, J.

1. Heard the learned counsel for the petitioners, the learned Standing Counsel for the Kerala Public Service Commission and the learned Senior Government Pleader.

2. The petitioners applied for being considered for recruitment to the post of Vocational Teacher in Office Secretary ship, in terms of a P.S.C. Notification dated 30/11/2009. That is a teaching post. Petitioners possessed two among the Degree, three mandatory qualifications. As regards the requirement of M. Com. the question raised is as to whether the petitioners who had obtained M.Com. Degree under a correspondence course from Annamalai University are entitled to have that qualification treated as equivalent to the qualification of M.Com. Degree of the University of Kerala, for the purpose of that post. Note 1 under Rule 4 of the Kerala Vocational Higher Secondary Education Subordinate Service Rules, 2004, which are statutory rules in terms of the provisions of the Constitution of India and the Kerala Public Services Act, 1968, specifically provides as follows:

"All the educational qualifications for teaching posts should be one acquired after a regular course of study from a




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