JAYASREE.S v. STATE OF KERALA

W.P.(C). NO.7103/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEGREE CERTIFICATE ISSUED BY THE MADURAI KAMARAJUNIVERSITY.EXT.P.2: COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED BY THE KERALAUNIVERSITY.EXT.P.3: COPY OF THE M.ED DEGREE CERTIFICATE ISSUED BY THE ANNAMALIUNIVERSITY.EXT.P.4: COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE KERALA UNIVERSITY.EXT.P.5: COPY OF THE LETTER ISSUED BY THE R.3. DTD. 09/01/2009.EXT.P.6: COPY OF THE COMMUNICATION ISSUED BY THE R.2. DTD. 24/02/2009.EXT.P.7: COPY OF THE JUDGMENT IN W.A. NO.2972/2007.EXT.P.8: COPY OF THE JUDGMENT IN W.P.(C).NO.11568/2008.EXT.P.9: COPY OF THE ORDER ISSUED BY THE DIRECTOR APPROVING THEAPPOINTMENT OF SMT. BESY MATHEW.RESPONDENTS' EXHIBITS: NIL.//TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ---------------------------------------W.P.(C) No.7103 OF 2009---------------------------------------Dated this the 22nd day of October, 2009.J U D G M E N TThe petitioner herein is aggrieved by Exhibit P6 whereby the2nd respondent informed the 3rd respondent that the interviewconducted on 19.01.2008 for the selection of Non VocationalTeacher in General Foundation Course is cancelled as the solecandidate who attended the interview does not possess therequired qualification as per the Special Rules. The issue iscovered in favour of the petitioner as per the judgments of thisCourt produced as Exhibits P7 and P8. 2. In Exhibit P7 judgment, the question considered iswhether the degree obtained without undergoing a regular courseof study could be treated as the prescribed qualification. Inparagraph 2 of the said judgment, it was held thus:“Going by the above prescribed qualification, ifany of the Universities in Kerala certifies that thequalification possessed by the petitioner obtainedfrom the Indira Gandhi National Open University is W.P.(C) No.7103/20092equivalent to B.Ed degree awarded by them thepetitioner is also eligible to apply for the post. Thesaid point is covered in favour of the writ petitionerby a recent decision of this Court inW.A.No.2955/2007.........”In Exhibit P8 judgment, the judgment of the Division Bench inExhibit P7 was relied on.3. Herein, the factual position is that the petitioner is apost graduate degree holder in Commerce with M.Edqualification. The petitioner obtained the post graduate degreefrom Madurai Kamaraj University, a statutory Universityrecognised by the University Grants Commission. The petitioneralso acquired B.Ed degree as well as M.Ed from the AnnamalaiUniversity after undergoing a regular course of study.4. The petitioner is relying upon Exhibit P4 to show thatthe M.Com degree obtained by the petitioner from the MaduraiKamaraj University through distance education has beenrecognised as equivalent to the M.Com degree of the KeralaUniversity.5. Going by the qualification prescribed for directrecruitment, what is required is Post Graduate Degree in W.P.(C) No.7103/20093Commerce or Business Economics with not less than 50% marksawarded by any of the Universities in Kerala or an equivalentqualification and B.Ed degree. In the light of the above, it can be seen that the petitioneris also entitled for the benefit of Exhibits P7 and P8 judgments. Therefore, Exhibit P6 is quashed. The petitioner will be treatedas fully qualified and entitled to be appointed as Non VocationalTeacher in General Foundation Course. There will be a directionto the 2nd respondent to pass appropriate orders approving theappointment of the petitioner within a period of six weeks fromthe date of receipt of a copy of this judgment. This writ petition is allowed as above. T.R. RAMACHANDRAN NAIRJUDGEsmp