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2024 Supreme(SC) 638

HIMA KOHLI, SANDEEP MEHTA
Shifana P. S. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant(s) : Mr. P. A. Noor Muhamed, AOR
For the Respondent(s): Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv. Ms. Anupriya, Adv. Mr. Vipin Nair, AOR Mr. Nikhil A. Menon, Adv. Ms. M.B.Ramya, Adv. Mr. Mohd Aman Alam, Adv. Mr. P.B.Sashaankh, Adv. Mr. Aditya Narendranath, Adv.

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:

    “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 Chemi

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