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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
Dr. Mithun K.P. S/o Late Dr. Divakaran K.P. – Appellant
Versus
Kerala Public Service Commission, Represented By Its Secretary – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
These original petitions have been filed by the applicants before the Tribunal. The applicants in O.A.(EKM).No.675/2024, [Petitioners in O.P.(KAT.No.496/2024)] approached the Tribunal challenging an erratum notification dated 16/11/2023 and notification dated 30.12.2023 issued by the Kerala Public Service Commission (the ‘PSC’ for short) for appointment to the posts of Associate Professor and Professor, respectively, in Government Homoeopathic Medical Colleges; and the applicants in O.A.(EKM).No.1638/2024, [Petitioners in O.P.(KAT.No.470/2024)] approached the Tribunal challenging the erratum notification dated 16/11/2023. Their challenge was declined. In these original petitions, the challenge is confined to the erratum notification dated 16/11/2023, regarding selection to the post of Associate Professor, on the ground that the qualification prescribed is contrary to the Special Rules.
BRIEF HISTORY OF THE CASE:
2. On 16/08/2023, the PSC issued a notification for the post of Associate Professor in Government Homoeopathic Medical Colleges. The qualification prescribed was in accordance with the Special Rules issued by the Government under the Kerala Pub
The qualifications prescribed under the Special Rules for Associate Professor posts supplement rather than undermine the minimum standards set by the Council Regulation 2013, ensuring qualified candi....
The AICTE has the authority to prescribe both qualifications and methods of appointment for teaching staff in technical institutions, as it relates to maintaining educational standards.
It is clear that for maintaining standards of education in schools, NCTE is now specifically empowered to determine qualifications of persons for being recruited as teachers in schools or colleges.
The fixation of an upper age limit for Assistant Professor positions is a policy decision of the State, and the High Court's supervisory jurisdiction under Article 227 is limited to correcting errors....
Upper age limits in recruitment can conflict with national regulations, emphasizing the need for consideration of qualifications without arbitrary restrictions.
Section 55(2)(m) of 2020 Act does not authorize Central Government to give advisory/instructions to National Testing Agency.
Entry 25, List III is subject to Entry 66, List I.Grant of reservations or a separate source of entry for in-service candidates contrary to Regulation 9(IV) and directly impinging on authority of MCI....
Qualifications for public service posts must be obtained through regular study, not distance education, to satisfy statutory requirements.
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