IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2022 of 2006()
1. M.MOIDEEN, S/O.ALAVI HAJI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. THE DIRECTOR, HIGH SECONDARY EDUCATION,
3. KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SRI.BENOY THOMAS
For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :18/12/2006
O R D E R
K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ
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W.A. NO. 2022 OF 2006
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Dated this the 18th day of December 2006
JUDGMENT
Abdul Gafoor, J
The writ petitioner could not succeed. Therefore, this
appeal.
2. He was a candidate for the post of HSST (Sociology),
when the Public Service Commission invited application for direct
recruitment to that post as per Ext.P1. As per the stipulations in
the notification which is based on the special rules for the service,
one should have a B.Ed degree in the concerned subject issued or
recognised by any of the universities in Kerala. In the absence of
B.Ed degree in the concerned subject those who are having B.Ed
degree in the concerned faculty also are considered, according to
the rules as well as Ext. P1 notification.
3. The appellant is stated to have passed B.Ed in Chemistry
and Maths. There was a subject Moral Education also in that
course, it is submitted. Admittedly the subjects of chemistry and
maths do not come within same faculty in which sociology is
W.A. NO. 2022 OF 2006 2
included. It is submitted that Moral Education comes within that
faculty. So he is qualified.
4. Faculties and subjects in the faculties are determined
based on the University Statutes and Ordinance. As per clause 2
of Chapter 5 of Kerala University First Ordinance 1978, the
departments of History, Political Science, Economics, Psychology,
Islamic Studies, Sociology, Social Work and Archeology constitute
the faculty on Social Science. Therefore, if the petitioner holds B.
Ed degree in any of these subjects alone, he can be termed as a
B. Ed degree holder in the same faculty in which the sociology is
included. But Moral Education is not included as a subject in that
faculty. Further admittedly sociology is a department in the
faculty of humanities in the Calicut University. Going by the
Calicut University First Ordinance, in that faculty also the moral
education is not included as a department. Therefore, on the
strength of the subject of moral education which the appellant
had studied for his B. Ed Degree, it cannot be contended that he
holds B. Ed degree in the same faculty when sociology is
included. Merely because of the Bangalore University has given a
certificate that Moral Education comes within the faculty of
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humanities, it cannot be contended that it comes within the same
faculty, because secondary evidence cannot be admitted in
proceedings before the court, to prove statute which could be
produced directly. Such direct evidence is not produced.
Therefore, that is also not of any avail for the appellant to assail
the impugned judgment. Therefore, we see no reason for
interference.
The Writ appeal is dismissed accordingly.
K.A. ABDUL GAFOOR, JUDGE
K.R. UDAYABHANU, JUDGE.
RV
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