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2000 DIGILAW 344 (KER)

Ahammed Shareef v. Kerala Public Service Commission

2000-07-05

K.A.ABDUL GAFOOR

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JUDGMENT K.A. Abdul Gafoor, J. 1. The petitioner has approached this Court seeking a direction to respondents 1 and 2 to consider the petitioner and other similarly placed persons who have obtained Degree under the liberalised scheme granted by the 4th respondent for selection and appointment to the post of High School Assistant. The petitioner's application has been rejected as per Ext. P5 on the ground that the petitioner possesses B.A. Degree under the Liberalised Scheme and he has not produced the Pre degree certificate for verification. 2. Ext. P1 is the notification issued by the Public Service Commission for the post of High School Assistant. As per the said notification, an incumbent submitting an application shall have the qualification of B.A. Degree and B.Ed. Degree awarded or recognised by any of the Universities in Kerala. The petitioner has got B.A. Degree in Malayalam awarded by the Calicut University. Only graduates can undergo B.Ed. Degree course. The petitioner had undergone that course and obtained a certificate from the Calicut University. Persons without graduation will not be allowed by the Calicut University to undergo B.Ed. Degree course and they will not award B.Ed. Degree to those who do not possess recognised B.A. Degree. Possession of B.Ed. degree certificate awarded by the Calicut University itself is thus an evidence to show that the petitioner has not B.A. Degree duly recognised by the Calicut University, one of the Universities in Kerala. Thus, the petitioner has perfectly satisfied the conditions stipulated in Ext. P1 notification as regard the qualifications. 3. In that circumstance, the stand taken by the Public Service Commission in Ext. P5 that the petitioner is not qualified for being considered for the post of High School Assistant (Malayalam) cannot be sustained. The notification does not require one to produce Pre degree Certificate. Therefore, the petitioner shall be considered for selection to the said post. 4. The Original Petition is allowed.