PRAVEEN KUMAR C.P versus KERALA PUBLIC SERVICE COMMISSION & ORS.

Citation: [2021] 5 S.C.R. 939 · Decided: 17-08-2021 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

cites 6 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
939
   [2021] 5 S.C.R. 939
939
PRAVEEN KUMAR C.P
v.
KERALA PUBLIC SERVICE COMMISSION & ORS.*
(Civil Appeal No. 4846 of 2021)
AUGUST 17, 2021
[L. NAGESWARA RAO AND ANIRUDDHA BOSE, JJ.]
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
Ed. Note : Name of the respondent(s) in the cause title as corrected vide subsequent order
dated 28th January, 2022.
A
B
C
D
E
F
G
H
940
SUPREME COURT REPORTS
[2021] 5 S.C.R.
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.
Allowing the appeals, the Court
HELD : 1.1 On a plain reading of the Clause 2(2)(a)of
Chapter XXXI of the Kerala Education Rules, 1959, it is apparent
that no specific subject in B.Ed. has been made to be the
qualifying criteria. The graduation requirement in concerned
subject is there, but going by the said Clause, it postulates B.Ed.
degree simplicitor as the eligibility criteria. So far as the present
appellants are concerned, no dispute has been raised over their
graduation being in the concerned subject. Clause 13 of the Kerala
State and Subordinate Services Rules, 1958 permits the
Commission to prescribe special qualifications in cases where
appointments have to be made in consultation with it or by the
State Government or by an appointing authority with approval of
State Government in other cases. No specific notification or order
issued by the KPSC has been brought to Court’s notice under
which the eligibility criteria of holding B.Ed. Degree had to be in
the concerned subject for the posts of High School Assistants.
But, the appellants cannot take aid of this argument as the
respective employment notifications had specified B.Ed. in
concerned subject. The appellants having participated in the said
selection process without raising any objection on that count, it
would not be open to them to question the eligibility criteria
specified in the employment notification. Thus, the case is
proceeded on the basis that the candidates for the posts in
question we

Excerpt shown. Read the full judgment & AI analysis in Lexace.