Eligibility Dispute Over Degree Equivalence: Supreme Court Dismisses Appeal for High School Assistant Post.


06 August 2024 Employee Related >> Corporate Law   |   Education >> Miscellaneous  

In P.S. Shifana v/s The State of Kerala & Others., the appellant, holding a B.Sc in Polymer Chemistry and a B.Ed in Physical Science, applied for the post of High School Assistant (Physical Science) through the Kerala Public Service Commission (KPSC). The KPSC's notification required applicants to have a B.Sc in Chemistry, along with specific qualifications. Although the appellant had cleared the written exam, she was excluded from the final merit list because her degree, B.Sc in Polymer Chemistry, was not recognized as equivalent to B.Sc in Chemistry as required by the KPSC.

The appellant contended that the University of Calicut had issued a certificate confirming that her B.Sc degree was equivalent to B.Sc in Chemistry. However, the KPSC maintained that the degree equivalence was not within its jurisdiction and that only authorized academic bodies could determine equivalency.


 

 

The Tribunal, in June 2012, dismissed the appellant’s application, and the Kerala High Court affirmed this decision in October 2012. The appellant appealed to the Supreme Court, arguing that the Tribunal’s decision was arbitrary and that the equivalency of her degree had been verified by the University.

However, the Supreme Court upheld the findings of the Kerala High Court and the Tribunal, emphasizing that determining the equivalence of academic qualifications is not within the purview of judicial review. The Court referred to previous rulings which clarified that equivalency is a technical academic matter for educational institutions or the state to resolve, not the courts.

The Court concluded that the appellant was not eligible for the position as per the notification, and dismissed the appeal, stating that no justifiable reason existed to interfere with the lower courts' decisions.