SWAPNA SUKUMAR & ORS. versus STATE OF KERALA & ORS.

Citation: [2015] 1 S.C.R. 875 · Decided: 08-01-2015 · Supreme Court of India · Bench: F.M. IBRAHIM KALIFULLA, ABHAY MANOHAR SAPRE · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2015] 1 S.C.R. 875 
SWAPNA SUKUMAR & ORS. 
v. 
STATE OF KERALA & ORS. 
(Civil Appeal Nos. 226-227 of 2015 ETC) 
JANUARY 08, 2015 
[FAKKIR MOHAMED IBRAHIM KALIFULLA AND 
ABHAY MANOHAR SAPRE, JJ.] 
A 
B 
Service law - Appointment, to the post of High School 
Assistant (Physical Science) - Eligibility - Invitation of C 
applications for the posts - Qualification prescribed as per the 
Rules, Physics or Chemistry as main subject for graduation 
- Appel/ants-applicants, Graduates in Chemistry as main 
subject and some of them post graduate in Chemistry -
Appellants also acquired B.Ed. qualification in Physical D 
Sciences - Appellants having fully qualified as per the Rules, 
names included in the Ranking List - Subsequently, their 
names deleted from the list though identically qualified 
candidates, placed in the list and appointed - Challenge to 
- Tribunal as also Division Bench of the High Court rejected 
E 
the claim of the appellants holding that appellants who were 
qualified Chemistry/Physics Graduates/Post Graduates who 
did not have either Physics or Chemistry as an ancillary 
subject were ineligible -
On appeal, held: Qualification 
acquired by the appellants should enure to their benefit for 
F 
the selection to the post - As per the Rule prescribed, the 
second respondent-Service Commission having considered 
their merits, included their names in the Ranking List, they 
are entitled to be considered for appointments based on their 
merit in the Ranking List - Further the said benefit was 
G 
extended to those candidates in the Ranking List whose 
names appeared in the beginning part of the same Ranking 
List - Therefore, the deletion made by the second respondent 
of the appellants in the Ranking List set aside - Names of 
875 
H 
876 
SUPREME COURT REPORTS 
[2015) 1 S.C.R. 
A 
the appellants in the Ranking List restored - Respondents 
directed to operate the said Ranking List on its own merit and 
wherever the appellants are found suitable and vacancies 
remain, appointment order to be issued expeditiously. 
B 
CIVIL APP ELLA TE JURISDICTION : Civil Appeal Nos. 
226-227 of 2015. 
c 
From the Judgment & Order dated 18.06.2013 of the High 
Court of Kerala at Ernakulam in OP(KAT) Nos. 1643 and 1861 
of 2013. 
WITH 
C.A. Nos. 228, 229, 230, 232, 236, 237, 238, 239 & 240-243 
of 2015. 
D 
V. Giri, C.S. Rajan, R. Basant, K. Rajeev, Shinoj K. 
Narayanan, E.M.S. Anam, P.A. Noor Muhammed, Giffara S., 
A. Raghunath, Sajith P. Warrier, Dinesh Kothari, Raghenth 
Basant, Hardeep Singh, Aditi Mishra, Senthil Jagadeesan, Roy 
Abraham, Reena Roy, Seema Jain, Himinder Lal, Prasanth P., 
E 
V. Shyamohan, C.Y. Dhinoja, Liz Mathew, Vipin Nair, Mayank 
Shrisagar (for Temple Law Firm) Ranjith K.C. for the appearing 
parties. 
The following Order of the Court was delivered 
F 
ORDER 
1. Leave granted. 
2. Heard all the learned counsel for the parties. 
G 
3. By the impugned order, the Division Bench of the High 
H 
Court while confirming the order of the Tribunal held that in order 
to be eligible to get appointed to the post of High School 
Assistant(Physical Sciences), the selection of candidates 
pursuant to the Notification dated 30th April, 2008 can be made · 
SWAPNA SUKUMAR & ORS. v. STATE OF KERALA 877 
& ORS. 
only if the candidates had qualified the Graduation/Post A 
Graduation either in Physics or if the concerned candidate is 
a Chemistry Graduate, Physics as an ancillary subject. All the 
appellants before this Court are stated to be Graduates in 
Chemistry as main subject and some of them have also 
acquired Post Graduation in Chemistry. It is also not in dispute 
B 
that all the appellants have, however, acquired B.Ed. 
Qualification in Physical Sciences. Keeping in mind the above 
factor we have to examine the issue which has cropped up 
before us. 
4. By the Notification dated 30th April, 2008, applications 
were called for, for the post of High School Assistant(Physical 
Sciences) by way of District-wise selection. The required 
qualification prescribed as per the Rule reads : "Physics or 
Chemistry as main subject for graduation".[Emphasis added] 
5. It is to be noted that apart from Physics or Chemistry, 
Degree in Home Science was also prescribed as a 
qualification for the post of High School Assistant(Physical 
Sciences). It is, however, stated that by a Notification issued 
c 
D 
on 25th November, 2009 Home Science was deleted as one 
E 
of the qualifications for a candidate to be eligible to apply for 
H

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