J U D G M E N T

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.

Signature Not Verified Digitally signed b y KAVITA P3AHU.JA Facts in a nutshell relevant and essential for the disposal of Date: 2024.08.06

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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:-

“A degree in the concerned subject and B.Ed./BT conferred or recognized by the Universities in Kerala.

(Concerned subjects are specified in Note 3 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 v. The Kerala Public Service Commission & Ors.1 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

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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 Ju