Supreme Court while deciding an appeal by special leave directed against the judgment rendered by the Division Bench of the High Court of Kerala whereby the Appeal preferred by the appellant-petitioner was dismissed and order passed by the Kerala Administrative Tribunal, Thiruvananthapuram was affirmed held that “Equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine”.
The brief facts are that Kerala Public Service Commission 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”
“A degree in the concerned subject and B.Ed./BTconferred 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).
The appellant, who had 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). 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.
The KPSC released the final merit list. However, the appellant’s name did not figure therein. The petitioner being aggrieved by the same challenged the decision before Kerela Administrative Tribunal which got dismissed and subsequently the same was challenged before Hon’ble Division Bench of High Court, which also dismissed the same.
Supreme Court while deciding the issue reiterated that ”In Unnikrishnan CV and Others v. Union of India and Others, a three Judge Bench of this Court, while relying upon the earlier judgment in the case of Guru Nanak Dev University v. Sanjay Kumar Katwal and Another held that equivalence is a technical academic matter, it cannot be implied or assumed. Any decision of the academic body of the University relating to equivalence should be by specific order or resolution, duly published”.
The petition was as such found without any merit and dismissed.
