Helen Valentine vs The Kerala Public Service Commission, The District officer, Kerala Public and State of Kerala

T.R. Ramachandran Nair, J.—The petitioner is an applicant to the post of H.S.A. (English) for which the Public Service Commission

published a notification dated 3.4.2003. She is a graduate in Chemistry and acquired Post Graduation in English Literature from Kerala University.

She acquired B.Ed. degree in English from Annamalai University by distance education.

The petitioner was called for a written test and in accordance with the eligibility she was included in the short list of eligible candidates to be

called for the interview. Accordingly, she was directed to appear for the interview as per Ext.P3. On the date of interview, she was directed to

produce an equivalency certificate from any of the Universities in Kerala to prove that the B.Ed. qualification obtained by her is recognised by any

of the Universities in Kerala. She did not succeed in the said endeavour and thereafter submitted Ext.P4 representation before the Chairman of the

Public Service Commission in the matter. By Ext.P5 communication, the Commission informed her that as the B.Ed. degree obtained by her is not

one recognised by any of the Universities in Kerala, her application is not liable to be considered.

In this writ petition, it is contended by the petitioner that in the light of G.O.(MS) No. 526 dated 17.2.1965, the Government has specifically

recognised all degrees and diplomas awarded by statutory Universities established by an Act of State or Central Legislature, the degree awarded

by the Annamalai University has got automatic recognition. Reliance is placed on a decision of this Court in Mohanan Nair v. State of Kerala 1994

(2) KLT 537 to hold that the degrees obtained by distance education are liable to be accepted.

On behalf of respondents 1 and 2, a counter affidavit has been filed, wherein it is pointed out that going by the qualifications prescribed as per

the Gazette notification, B.Ed. with English as optional subject should be one conferred or recognised by any of the Universities in Kerala and in

the absence of the same, the petitioner cannot be said to be eligible. As there is no recognition for the course undergone by the petitioner from any

of the Universities in Kerala and as she has failed to produce equivalency certificate in spite of giving an opportunity, the rejection of the application

is perfectly justified.

Heard learned Counsel for the petitioner Shri P.C. Sasidharan and learned Standing Counsel for the Public Service Commission, Shri Alexander

Thomas.

Learned Counsel for the petitioner relied upon the principles stated by various decisions of this Court in Mohanan Nair v. State of Kerala 1994

(2) KLT 537; Mujeeb Rahman Vs. State of Kerala, ; State of Kerala Vs. Suja Kumari, and Public Service Commission v. Abdul Rasheed 2007

(3) KLT 881. In Mohanan Nair''s case 1994 (2) KLT 537 it was held by the learned Single Judge that recognition of the qualification by the

University is not relevant for the recognition of qualifications by the Government. The Division Bench in State of Kerala Vs. Suja Kumari, relied

upon the above decision. In Mujeeb Rahman Vs. State of Kerala, , the relevant rule considered is Special Rules for the Kerala Higher Secondary

Education State Service Rules, 2001. It was found by the Bench that the said rules makes no distinction between M.A. Degree obtained through

regular course of study and through distance education. The Rule only stipulates that M.A. Degree recognised as equivalent by any of the

Universities in the State of Kerala. Accordingly, it was held that the Public Service Commission is bound to treat the candidates who have obtained

M.A. Degree through regular course as well as those who have obtained M.A. Degree through correspondence course as equal provided the

qualification has been recognised by any of the Universities in the State of Kerala. In the last of the decisions in Public Service Commission''s case

2007 (3) KLT 881, it was held that the Public Service Commission cannot weed out candidates who had not undergone course in 10+2+3 pattern

or not obtained degree through regular course of study. Therein also it was noticed by this Court that the appointing authority has no case that the

petitioner does not possess the prescribed qualification.

In this case, it is relevant to consider the scope of the qualification that is fixed which is revealed from the counter affidavit filed by the Public

Service Commission. The required qualification is B.Ed./BT/LT with English as optional subject conferred or recognised by any of the Universities

in Kerala. Therefore, if the qualification acquired by the petitioner from Annamalai University had been recognised by any of the Universities in

Kerala, that would have been sufficient. But there is no material to show that the qualification acquired by the Petitioner has been recognised by

any of the Universities in Kerala. Even though the petitioner was offered an opportunity by the Commission to produce equivalency certificate from

any of the Universities in Kerala, she has not produced the same from any of the Universities.

Learned Counsel for the petitioner heavily relied upon Ext.P8 which is the copy of the Govt. Order dated 17.7.1965. Sub para 2 of the same is

relevant here which is in the following terms:

(ii) Other Degrees and Diploma awarded by statutory Universities established by an Act of the Central or State Legislature or by other Institutions

of higher learning recognised as Universities by the Central University Grants Commission, should be recognised.

Going by the same, it is argued by the learned Counsel for the petitioner that there is a declaration that the degrees awarded by statutory

Universities should be recognised and the Annamalai University herein being one covered under an enactment, the same is liable to be recognised.

Going by the qualification fixed, it should be one recognised by any of the Universities in Kerala. Ext.P8 also is specific that the qualification

should be recognised. Recognition of a qualification is by exercise of a statutory power vested in the concerned University. There are fixed

procedures as per the statute and regulations issued in the matter. Academic bodies entrusted with the said statutory functions will have to assess

various aspects and then take a decision whether the University should grant recognition or not. Since such a statutory exercise is required to be

followed, there cannot be any automatic recognition for the B.Ed. degree of the Annamalai University. Therefore, in the absence of a recognition

granted by any one of the Universities in Kerala, the petitioner cannot contend for the position that the B.Ed. degree obtained by her should be

treated as one recognised by the Universities in Kerala. In that view of the matter, the said argument also cannot be accepted. The principles stated

in the decisions relied upon by the petitioner, regarding the acceptability of a Degree awarded by distance education, are therefore not applicable

to the facts of this case.

For all these reasons, the writ petition fails and the same is dismissed.