Research › Search › Judgment

Kerala High Court · body

2006 DIGILAW 425 (KER)

K. v. Sankaradas, High School Assistant VS State of Kerala, Represented by Its Secretary

2006-07-17

K.A.ABDUL GAFOOR, K.P.BALACHANDRAN

body2006
Judgment :- Abdul Gafoor, J. The appellant/petitioner was an aspirant to the post of Higher Secondary School Teacher (Political Science) (HSST) towards the quota set apart for teachers in the High Schools or Primary Schools in the General Education Department. The qualifications for the post are prescribed as per the Special Rules relating to the Kerala Higher Secondary Education State Service. The said Rules prescribe the qualifications for the post of HSST in political science as Master Degree in the subject with not less than 50% marks from any of the universities in Kerala or a qualification recognised as equivalent thereto in that subject by a university in Kerala, with B.Ed degree in the concerned subject acquired from any of the universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala. In the absence of candidates with B. Ed in the concerned subjects persons with B.Ed degree “in the concerned Faculty as specified in the Acts and Statutes of the Universities in Kerala” can be considered. In the absence of candidates with B.Ed degree in the concerned subject or in the concerned faculty alone, those with B.Ed degree in any other subject can be considered. This is the statutory position. The appellant claims that the B.Ed degree that he possesses is one in a subject in that Faculty in which Political Science is also included and therefore in the concerned Faculty. 2. Admittedly the B. Ed degree that the appellant/petitioner had acquired is after studying the subjects made mention of in Ext.P1 (a) mark list. The subjects that the petitioner had studied for his B. Ed course are principles of Education, Educational Psychology, Educational Administration, Method of teaching Physical Science, Method of Teaching English and Educational Statistics apart from assignments and practicals. The special optional subjects for study in the B.Ed degree course holders, as is seen from Ext.P1(a) mark list, under Method of teaching Special Subject-I are History, Geography, Physical Science, Biological Science, Mathematics and Kannada. Out of these the petitioner had studied only physical Science. Under Method of teaching Special Optional Subject-II, the different subjects are English, Maths, Kannada and Geography. Out of these the petitioner had studied only English. Thus the petitioner had for his B.Ed as special subjects Physical Science and English. Necessarily the petitioner cannot be termed as a B.Ed degree holder in the concerned subject namely Political Science. 3. Under Method of teaching Special Optional Subject-II, the different subjects are English, Maths, Kannada and Geography. Out of these the petitioner had studied only English. Thus the petitioner had for his B.Ed as special subjects Physical Science and English. Necessarily the petitioner cannot be termed as a B.Ed degree holder in the concerned subject namely Political Science. 3. The next question is whether he can be then termed as a B.Ed degree holder in the concerned faculty. It is with reference to the said two special subjects viz Physical Science and English the Faculty is to be determined. Relying on Ext.P14 certificate issued by the Registrar of the Cochin University, it is submitted that English will come within Humanities as per the regulations of the Cochin University. Therefore her B.Ed degree shall have to be construed as within the same Faculty. Ext.P13 certificate from the College where he studied is also relied on by him. 4. The Kerala University is the oldest among the Universities in Kerala. Statute (1) in chapter 10 of the Kerala University First Statute 1977 deals with various Faculties in that University. They include the Faculty of Arts and Faculty of Social Science among other Faculties. Statute 2 in the said Chapter provides that; “Each faculty shall comprise such Departments of Study as may be prescribed by the Ordinance.” Chapter V of the Kerala University First Ordinances 1987 deals with Department of Studies comprised in each Faculty. As per the Ordinance 2(1)(i) the Department of Study in ‘English’ comes in Faculty of Arts where as Political Science is included as item 2(ii) in that Ordinance as a Department of Study in the Faculty of Social Science. So on the strength of special subject in Method of Study of English for his B.Ed degree, he cannot be termed as a candidate holding B.Ed Degree in the concerned Faculty in which Political Science is included. 5. Calicut University is another among the Universities in Kerala. Ordinance 2 in Chapter XI of the Calicut University First Ordinance, 1978 deals with Departments of Studies in various Faculties in the University. However the Department of Study in English comes within the Faculty of Language and Literature (including English), the other departments being, Malayalam and Kerala Studies, Hindi, Arabic and Russian. Political Science is not included in that Faculty. Ordinance 2 in Chapter XI of the Calicut University First Ordinance, 1978 deals with Departments of Studies in various Faculties in the University. However the Department of Study in English comes within the Faculty of Language and Literature (including English), the other departments being, Malayalam and Kerala Studies, Hindi, Arabic and Russian. Political Science is not included in that Faculty. So going by the Ordinance relating to Calicut University also he cannot be termed as holding a B.Ed degree in the same Faculty in which Political Science is included. 6. As per Statute I in Chapter II of the Mahatma Gandhi University First Statute, 1997, there are several Faculties including the ‘Faculty of Language and Literature’ and ‘the Faculty of Social Science’. Department of Study shall be as prescribed by Ordinances, going by Statute No.2 in the said Chapter. But no ordinance in that regard is brought to our notice. Any how when there is a separate ‘Faculty of Language and Literature’ English shall belong to that Faculty, and Political Science not being a language will not come under that Faculty. So there is no reason for a varied conclusion to that relating to other Universities discussed. Same is the case as respects Kannur University as per clause 4(1) and (2) of Kannur University First Statute, 1978. 7. Going by the Cochin University First Statute, clause 94 in Chapter V, each Faculty shall comprise such schools/departments as prescribed by Ordinances. Though, there is a Faculty of Humanities constituted there, it is not shown to us on the strength of a Statute or Ordinance, that English is included in the said Faculty. Going by the Special Rules concerning the post, the subject and faculty shall be as specified in the Act and Statutes. But nothing of that sort is shown to us. What is shown to us is Ext.P14 certificate by the Registrar of that University which reads as under. “This is to certify that as per the regulations of the University (CUSAT) ‘English’ comes under the Faculty of Humanities. This certificate is issued to Sri. K.V. Sankardas, H.S.A., G.H.S.S., Pookkottupadam, Malappuram Dist. On his own request for the purpose of service promotion.” 8. What is certified is that ‘English’ comes under Faculty of Humanities’ as per the regulation of the University’. This certificate is issued to Sri. K.V. Sankardas, H.S.A., G.H.S.S., Pookkottupadam, Malappuram Dist. On his own request for the purpose of service promotion.” 8. What is certified is that ‘English’ comes under Faculty of Humanities’ as per the regulation of the University’. We are not told that there is a department of study in Political Science in that Faculty of that University. Moreover regulations of the University means regulation framed under Section 42 of the Cochin University of Science and Technology Act, 1986. It is thus a subordinate legislation. A certificate as to the content of a statutory regulation cannot be accepted in evidence, because it is only a statement as to the existence of a Statute to that effect. If to be acted upon, such statute shall be referred to and relied on. Nothing of that kind is brought to our notice. Therefore Ext.P14 cannot any more advance the case of the appellant. 9. Thus no provisions from the Act/Statute/Ordinance of any of the Universities in Kerala is shown to indicate that English, one among the special subject the Appellant had taken as optional for his B.Ed degree is in the same Faculty in which Political Science in included. The other subject viz ‘Physical Science’ is admittedly not a subject within the Faculty of Political Science. So the appellant cannot be regarded as a B.Ed Degree holder in the same Faculty in which the subject Political Science is included. 10. Consequently, the appeal deserves to be dismissed. We dismissed the same.