Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment –Equivalency of degrees |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law –Appointment –Equivalency of degrees – Principle of “change in the rules of the game midway” – When not applicable – Kerala State and Subordinate Services Rules, 1958 – Clause 10 (a)(ii), 13 –Appointment to the posts of High School Assistants in the State of Kerala by Kerala Public Service Commission (KPSC)– Employment notifications stipulated B.Ed in concerned subject as eligibility criteria–Appellants had B.Ed degrees from outside Kerala though not in the concerned subjects – Objection raised –Subsequently, two Universities of the State of Kerala certified the appellants’ B.Ed. degrees to have equivalent status which was followed by Government Orders (GOs) conferring on the subjects in which the appellants obtained B.Ed. degrees, equivalency to the required subjects–On the basis of the GOs, Tribunal allowed the petitions filed by the appellants and directed KPSC to include their names in the ranked list – Orders set aside by High Court–On appeal, held:GOs treated the equivalency to be operating on the dates of obtaining B.Ed. degrees–Subject GOs only recognised an existing state of affairs so far as the nature of the degrees were concerned and did not create fresh value for the degrees which the appellants possessed– The GOs were not general orders but were person specific,relating to the two appellants and in substance will have to be interpreted as clarificatory in nature –Treating the appellants’ degrees as equivalent to those required under the applicable notifications by the GOs issued subsequently would not change the rules of the game midway –Appellants possessed equivalent qualifications when they applied for the posts –Impugned judgments set aside – Orders of the Tribunal restored – Kerala Education Rules, 1959 – Chapter XXXI – Clause 2(2)(a). Service Law –Objection to eligibility criteria–Kerala Education Rules, 1959 – Chapter XXXI – Clause 2(2)(a)– Legality of introducing specific subjects in B.Ed. as qualifying criteria for the posts of High School Assistants challenged by appellants –Held: Said Clause postulates B.Ed. degree simplicitor as the eligibility criteria–Further, no specific notification/order issued by KPSC has been brought on record under which the eligibility criteria of holding B.Ed. Degree had to be in the concerned subject for the posts in question– However, appellants having participated in the said selection process without raising any objection, cannot question the eligibility criteria specified in the employment notification – Kerala State and Subordinate Services Rules, 1958 – Clause 13. Words & Phrases – ‘equivalence’ – Meaning of – Discussed. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2021 INSC 404 |
Petitioner | Praveen Kumar C.p |
Respondent | Kerala Public Service Commission & Ors. |
SCR | [2021] 5 S.C.R. 939 |
Judgement Date | 2021-08-17 |
Case Number | 4846 |
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