The court established that qualifications for teaching positions must strictly conform to specified educational requirements and cannot include degrees deemed non-equivalent.

J U D G M E N T

A.Muhamed Mustaque, J.

The Kerala Public Service Commission invited applications for the post of Lecturer in Information Technology (Polytechnics) in Kerala Technical Education Department on 15/11/2013. The qualification prescribed is as follows:

First Class Bachelor's Degree in Information Technology (Engineering) from a recognized University after undergoing regular course of study.

2. The Kerala Public Service Commission (PSC) published the rank list in the year 2017 which includes the candidates who have obtained B.Tech Degree in Computer Science (Engineering). The inclusion of the candidates having Degree in Computer Science was challenged by the candidates who possessed B.Tech in Information Technology (Engineering). They were unsuccessful before the Tribunal. The Government as well as those applicants are before us in these batch of cases. In these matters, the All India Council for Technical Education (AICTE) was impleaded as an additional respondent. They filed a statement and an additional statement before this Court. They would contend that a Degree in Computer Science cannot be equated with a Degree in Information Technology.

3. The employer is the State. Special Rules have been framed by the State. The Special Rules for the Kerala Technical Education Service prescribes qualification for the teaching post in the discipline ‘Information Technology’ as follows:

4. It is for the employer to decide the type of qualification to be recognized under the Special Rules. The PSC cannot deviate from the Special Rules and recognize some other qualification as equivalent to it. If PSC intended to recognise B.Tech (Computer Science) as equivalent to Information Technology that ought to have been published in the notification to allow a large number of such candidates who possess B.Tech (Computer Science) to apply for the post. The PSC has to abide by the Special Rules and cannot tinker with the special rules and assume the role of the employer, to decide the qualification. It is to be noted that AICTE is the authority to decide on the standard of education in the Engineering Colleges and Polytechnic Colleges. They have also not treated B.Sc (Information Technology) as equivalent to B.Sc. (Computer Science). In the light of the clear stand of AICTE that the candidates who hold a degree in Computer Science are not qualified for appointment in the post of Lecturer in Information Technology and also in the light of the Special Rules, we are of the view that the petitioners are entitled to succeed. Accordingly, the impugned order is set aside. The PSC is directed to exclude all the candidates who hold B.Tech (Computer Science) from the rank list and further order that PSC shall advice only such candidates who possess a degree in Information Technology as notified in the notification.

The original petitions are disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE ms PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 24.02.2020 IN O.A.NO.2181 OF 2017.

EXHIBIT P2 TRUE COPY OF O.A.NO.2181 OF 2017 ALONG WITH ANNEXURES.

EXHIBIT P2 A1 TRUE COPY OF RELEVANT EXTRACT OF THE TECHNICAL EDUCATION SERVICE (AMENDMENT)

SPECIAL RULES.

EXHIBIT P2 A2 TRUE COPY OF NOTIFICATION DATED 15.11.2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A3 TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE 1ST APPLICANT FOR THE WRITTEN TEST.

EXHIBIT P2 A3(A) TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE 2ND APPLICANT FOR THE WRITTEN TEST.

EXHIBIT P2 A4 TRUE COPY OF THE INTERVIEW CARD ISSUED TO THE 1ST APPLICANT BY THE 1ST RESPONDENT FOR THE INTERVIEW CONDUCTED ON 19.07.2017.

EXHIBIT P2 A4(A) TRUE COPY OF THE INTERVIEW CARD ISSUED TO THE 2ND APPLICANT BY THE 1ST RESPONDENT FOR THE INTERVIEW CONDUCTED ON 19.07.2017.

EXHIBIT