06 August 2024 Civil Appeals >> Civil & Consumer Law  

On October 16, 2012, the Division Bench of the High Court of Kerala at Ernakulam dismissed OP(KAT) No. 3407 of 2012 P.S. Shifana v/s The State of Kerala & Others filed by the appellant, challenging the Kerala Administrative Tribunal's (KAT) order from June 19, 2012. The Tribunal had dismissed O.A. No. 370 of 2012, which was filed by the appellant contesting her non-selection for the position of High School Assistant (Physical Science) due to issues surrounding her academic qualifications.

Factual Context:

The Kerala Public Service Commission (KPSC) had advertised a recruitment notification on April 30, 2008, for the post of High School Assistant (Physical Science). The qualifications specified in the notification included:

• A degree in the relevant subject and a B.Ed./BT degree recognized by Kerala Universities.
• The degree should preferably be in Physics, Chemistry, or Home Science as a major, or alternatively, a degree in Geology with Physics and Chemistry as subsidiary subjects along with a B.Ed (Physical/Science).

The appellant, holding a B.Sc in Polymer Chemistry and a B.Ed in Physical Science, took the written test on October 10, 2009, and successfully passed. However, she was not included in the final merit list issued by KPSC. The reason cited was a High Court ruling stating that the KPSC could not adjudicate on the equivalency of educational qualifications unless specifically provided for by the special rules.

Tribunal and High Court Proceedings:

The appellant contested her exclusion by filing O.A. No. 370 of 2012 with the Tribunal, arguing that her B.Sc in Polymer Chemistry was equivalent to a B.Sc in Chemistry, as certified by the University of Calicut. However, the Tribunal rejected her application on June 19, 2012, concluding that she did not meet the qualification criteria required for the post. The appellant then challenged the Tribunal’s decision by filing OP(KAT) No. 3407 of 2012 in the High Court of Kerala. The Division Bench of the High Court upheld the Tribunal's decision, leading to the current appeal to the Supreme Court.

Supreme Court Analysis:

The Supreme Court reviewed the case and found that the core issue was whether the appellant's qualification was equivalent to what was specified in the recruitment notification. The notification explicitly required a B.Sc in Chemistry, which the appellant did not possess.

The Supreme Court emphasized that the issue of equivalency is a specialized matter typically within the purview of the recruiting authority or academic bodies, not the judiciary. It cited previous judgments, notably in the cases of Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad (2019) and Unnikrishnan CV v. Union of India (2023), affirming that equivalency of qualifications is an academic and administrative issue rather than a judicial one. The Court held that the decision of the academic body regarding equivalency must be formalized and published. It also noted that the appellant’s claim of equivalency based on a certificate from the University of Calicut did not meet the necessary criteria to alter the outcome as the qualification requirements were clearly specified in the notification.

Conclusion:

In light of the above considerations, the Supreme Court found no grounds to interfere with the High Court's decision. The appeal was dismissed, and the ruling of the High Court, affirming the Tribunal’s order, was upheld. The Court emphasized that the appellant's qualifications did not align with the criteria specified for the post and that judicial review cannot expand or redefine these criteria. The appeal was dismissed, and no costs were awarded. Any pending applications related to this case were also disposed of accordingly.