Judgment :- K.S. Radhakrishnan, J. The question that has come up for consideration is as to whether this Court can compel the State of Kerala and the Public Service Commission to recognise the Parcharak Diploma of the Dakshina Bharath Hindi Prachar Sabha as an essential qualification for appointment to the post of High School Assistant (Hindi) in the State of Kerala. 2. Petitioners in O.P. 9492/98,9472/98,9287/98 and 2529/98 have submitted applications in pursuance to notification issued by Public Service Commission for appointment to the post of High School Assistant (Hindi). Their applications were rejected by the Public Service Commission stating that they do not possess the qualification prescribed in the notification. They were further informed that only those applicants who have obtained Hindi Pracharak Diploma prior to 1969-70 would be eligible to apply. 3. The question as to whether the respondents could make such a restriction is already the subject matter in O.P. 12992/96. On a petition filed by the General Secretary of Dakshina Bharat Hindi Prachar Sabha, Madras, the third respondent in O.P. 12992/96, the Government considered the said question and rejected the same vide Ext. P3 letter dated 12.7.1996 in O.P. 12992 of 1996. It was stated by the Government that earlier the qualification Pracharak Diploma of Dakshina Bharat Hindi Prachara Sabha, Madras was recognised by the Government vide G.O.(MS) 601/66/Edn. dated 25.11.1966 as one of the training qualifications to the post of High School Assistant (Hindi) subject to the condition that the recognition would continue only (ill such time as Government are able to open training institutions themselves. Government later set up several Hindi Teachers Training Institutes in the State. Training Colleges have also been set up in the State and various Universities in the State are also offering degree in B. Ed. It was stated that there are large number of applicants with requisite qualification. 4. Government therefore, consulted the matter with Public Service Commission and decided to withdraw the recognition given to the Hindi Pracharak Diploma issued by the Dakshina Bharat Hindi Prachara Sabha, Madras. The same was also intimated to the D.B.H.P.S. Madras. It was also decided by the Government that those who have been then attending the course to complete the course during the academic year 1967-68 would be considered to possess the requisite training qualifications.
The same was also intimated to the D.B.H.P.S. Madras. It was also decided by the Government that those who have been then attending the course to complete the course during the academic year 1967-68 would be considered to possess the requisite training qualifications. In otherwords, it was decided that only those persons who have already obtained the Hindi Pracharak Diploma from the Dakshina Bharat Hindi Prachara Sabha, Madras prior to 1969-70 would be eligible to apply for the post of High School Assistant (Hindi). 5. The qualification prescribed for the post of High School Assistant (Hindi) in Private or Aided School is prescribed in Chapter XXXI of the Kerala Education Rules. The requisite training qualification is extracted below. "High School Assistant (Hindi): - The candidates shall possess any one of the academic qualifications a training qualification as specified below: A. ACADEMIC QUALIFICATION A degree in Hindi conferred or recognised by the Universities in Kerala; or A title of oriental learning in Hindi awarded recognised by the Universities in Kerala; or Praveen of the Dakshina Bharat Hindi Prachara Sabha, Madras, with a pass in the SSLC Examination conducted by the Commissioner for Government Examinations, Kerala, or its equivalent; or Sahithyacharya of Kerala Hindi Prachar Sabha with a pass in SSLC Examination conducted by the Commissioner for Government Exammations Kerala or its equivalent. B. TRAINING QUALIFICATIONS B.Ed./B.T./L.T. conferred or recognised by the Universities in Kerala; or Diploma or Certificate of Language Teacher's Training in Hindi issued by the Commissioner for Government Examinations, Kerala; Diploma in Hindi Teacher's Training issued by the Commissioner for Government Examinations, Kerala; or A pass in any one of the following examinations of the Kendriya Hindi Sikshan Mandal, Agra namely: (i) Hindi Siksha Praveen; (ii) Hindi Siksha Parangath; (iii) Hindi Siksha Nishnat. Explanation I - Persons who have successfully undergone Pracharak Diploma of the Dakshina Bharat Hindi Prachara Sablia upto and including the academic year 1969-70 shall be considered to possess the requisite training qualification. Explanation II - Persons who have successfully undergone the course in Hindi Teacher's Diploma Course of the Regional Hindi Training College Gandhi gram, Madhura, during the Academic year 1967-68 or prior to that year shall be considered to possess the requisite training qualification.
Explanation II - Persons who have successfully undergone the course in Hindi Teacher's Diploma Course of the Regional Hindi Training College Gandhi gram, Madhura, during the Academic year 1967-68 or prior to that year shall be considered to possess the requisite training qualification. Explanation III - Persons who have successfully undergone Acharya Course of the Kerala Hindi Prachar Sabha upto and including the Academic year 1969-70 shall be considered to possess the requisite training qualification." In Government Schools also the qualification prescribed is almost identical. 6. The main contention raised by the learned counsel for the petitioners is that the Government having accepted the Diploma offered by the Hindi Teachers Institute in Kerala as an approved (raining qualification for the post of High School Assistant (Hindi) ought to have accepted the Diploma issued by the D.B.H.P.S. Madras as well. It was stated that the Pracharak Diploma of the Dakshina Bharat Hindi Prachara Sabha is equal to the Diploma in Hindi Teachers Training issued by the Commissioner for Government Examination, Kerala. According to him, there is no justification for discontinuing the Hindi Pracharak Diploma issued by the Dakshina Bharat Hindi Prachar Sabha as an approved training qualification for appointment to the post of High School Assistant (Hindi). It is his contention that the reasons stated by the Government in rejecting the request of those persons who have passed the Diploma from D.B.H.P.S. subsequent to 1969-70 is illegal and irrational. It is his case Dakshina Bharat Hindi Prachara Sabha, Madras is constituted under the D.B.H.P.S. Act, 1964 and also an institute of national recognition. Therefore, the Government ought to have accepted the Diploma issued by the said institute as an essential qualification for the post of High School Assistant (Hindi). 7. Counsel for Public Service Commission as well as learned Government Pleader submitted that the Government and P.S.C. have got jurisdiction and power to prescribe qualification and regulate method of recruitment in various posts. Petitioners have no legal right to insist qualification required for the post notified. It is also contended the Court shall not issue any direction to Government and P.S.C. to include the Hindi Pracharak Diploma issued by D.B.H.P.S. Madras as an essential training qualification for the post of High School Assistant (Hindi). Appointment to the post of High School Assistant (Hindi) in Government Schools is governed by the qualification prescribed by the Government and Public Service Commission.
Appointment to the post of High School Assistant (Hindi) in Government Schools is governed by the qualification prescribed by the Government and Public Service Commission. So also the private schools and aided schools are governed by the qualification prescribed under the Kerala Education Rules. 8. State Public Service Commission is a constitutional body set up under ait. 315 of the Constitution of India. The functions of the Public Service Commission is enumerated in Art.320 of the Constitution. It shall be the duty of the State Public Service Commission to conduct examinations for appointment in the services of the State. State has also to consult the State Public Service Commission in the matter of method of recruitment to civil services and civil posts. Earlier Pracharak Diploma of D.B.H.P.S. was recognised as one of the training qualification to the post of High School Assistant (Hindi) vide G.O. (MS) 601/66/Edn. dated 25.11.1966 subject to the condition that the recognition would continue only till such time as Government are able to open training institutions themselves. Government consulted the Public Service Commission and decided to withdraw such recognition. It was also decided to give an opportunity to those students who were then attending the course to complete the course and apply for the post of High School Assistant (Hindi), however, it was informed that the said benefit would be available to those persons who have completed the course prior to 1969-70. 9. As held by the Supreme Court in V.K. Sood v. Secretary, Civil Aviation and Anr., AIR 1993 SC 2285 it is for the rule making authority or for the Legislature to regulate the method of recruitment and prescribe qualification. Court cannot enter into nor undertake the responsibility in mat behalf. It is for the expert body or the State Government to undertake that responsibility. Court cannot substitute its wisdom to that matter of the State Government or expert body like P.S.C.. When the rule making authority as well as Public Service Commission prescribes a particular qualification for a post, in their wisdom, it is not for the applicant or the Court to insist that some other qualification is better suited for the post. 10.
Court cannot substitute its wisdom to that matter of the State Government or expert body like P.S.C.. When the rule making authority as well as Public Service Commission prescribes a particular qualification for a post, in their wisdom, it is not for the applicant or the Court to insist that some other qualification is better suited for the post. 10. Counsel for some of the petitioners maintain the stand that they should be allowed to write the examination provisionally and that the question as to whether it should be made an essential training qualification could be directed to be considered by the Public Service Commission or the Government as the case may be. It is not disputed that petitioners are not qualified to apply for the post as per the notification. In several cases courts are issuing directions to the Public Service Commission and State Government to allow the candidates to write examinations provisionally at the very initial stage with the result that very many persons who have not qualified to write examination are able to write the examination with the qualified persons. This court also deprecated the practice of searching for an equivalent qualification on a later occasion, in Latha v. P.S.C., (1997 (2) KLT 624. It is pertinent to note that if the qualification prescribed in the notification is clear and without any ambiguity very many persons with the so called equivalent qualification would not apply. If on the later occasion courts or the rule making authority, for that matter, the Public Service Commission go on searching for equivalent qualification for the qualification already prescribed that would only cause chaos and confusion and defeat the rights of these applicants who did not apply for the post going by the qualification prescribed in the notification. This practice also was deprecated by this Court in Sobha Menon v. P.S. C., 1994 (1) KLT 986. The Supreme Court also in Govinda Rao's case, AIR 1965 SC 491, and later in V.K. Sood v. Secretary, Civil Aviation & Ors., 1993 (2) SCJ 573 took the view that it is not the function of the court to prescribe a qualification.
The Supreme Court also in Govinda Rao's case, AIR 1965 SC 491, and later in V.K. Sood v. Secretary, Civil Aviation & Ors., 1993 (2) SCJ 573 took the view that it is not the function of the court to prescribe a qualification. It was pointed out that when an abrupt exercise is undertaken after the notification and after the applications are received to find out, an equivalent qualification keeping out many other aspirants who may also possess such qualification would be a negation of rule of law arbitrary and unjust, 11. In the instant case, I am satisfied that petitioners do not possess the qualification prescribed by the P.S.C. or the qualification prescribed in the Kerala Education Rules. The grievance raised by the petitioners was in fact considered by the Government and rejected. Hindi Pracharak Diploma offered by the D.B.H.P.S. Madras is not recognised as an essential qualification for the post of High School Assistant (Hindi) by the Government and the Public Service Commission. Under such circumstance this Court is not justified in giving a direction as prayed for by petitioners. Consequently, these Writ Petitions lack merits and are dismissed.