IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14969 of 2004(F)
1. RETHNA BHAI, W/O. RAMESHAN,
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. GOVERNMENT OF KERALA,
3. DIRECTOR OF COLLEGIATE EDUCATION,
For Petitioner :SRI.C.P.SUDHAKARA PRASAD (SR.)
For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :10/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).Nos.21327 OF 2003 & 14969 OF 2004
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Dated this the 10th day of November, 2009
JUDGMENT
1.The petitioners in these writ petitions applied for being
considered for the post of Lecturer in Malayalam in the
Training Colleges under the Collegiate Education
Department of the State Government in terms of Ext.P1
notification of the Public Service Commission.
2.The entitlement of the petitioner in W.P(C).14969/04 stands
rejected by the PSC on the ground that she did not have the
requisite experience in as much as her experience as
primary departmental teacher in a school is not an
experience entitled to be reckoned.
3.W.P(C).21327/03 is filed by one of the candidates
challenging the inclusion of candidates who have not passed
the National Eligibility Test (NET) in Education, also in the
WPC.21327/03 & 14969/04
2
field of choice, for selection and appointment in terms of
Ext.P1 notification. In opposition to W.P(C).21327/03, the
PSC has placed on record a counter affidavit, taking the
specific stand that the candidate ought to have NET
qualification in the concerned subject and also in Education
for being considered for appointment to the Training
Colleges.
4.The different posts notified as per Ext.P1 relating to the
Training Colleges are posts in the Faculty of Education and
therefore, the insistence of the UGC, which have been
agreed to by the PSC in its counter affidavit, that a
candidate has to possess NET in Education and in the
concerned subject stands.
5.When these writ petitions were heard earlier on 3.10.2007,
the PSC had placed on record that a candidate shall possess
NET in Education as well as in the concerned subject.
Accordingly, it was declared that the candidates for selection
WPC.21327/03 & 14969/04
3
and appointment to the Faculty of Education in the Training
Colleges in different departments have to possess NET
qualification in Education and also NET qualification in the
concerned subject.
6.Thereafter, by common order dated 19.2.2008,
R.P.Nos.1051/07 and 1126/07 were ordered vacating the
aforesaid common judgment except to the extent of the
findings which were protected by that order. While
considering those two review petitions, this Court
specifically stated that the issue that arises for decision
ultimately, is as to whether a candidate, for being considered
for appointment as a Lecturer in Malayalam in a Training
College in the State of Kerala, requires NET qualification in
Education and also NET in Malayalam. Another review
petition which escaped from being disposed of then, viz.,
R.P.No.1119/07, has been ordered by me today, adopting the
common order in R.P.Nos.1051/07 and 1126/07. The writ
petitioner in W.P(C).14969/04 (Retna Bhai’s case) contends
WPC.21327/03 & 14969/04
4
that the prescription is only optional, in the sense that NET
qualification may be either in Malayalam or in Education.
The petitioner in W.P(C).21327/03, Deneshan, takes the
stand that NET qualification ought to be in Education even if
the applicant has NET qualification in Malayalam. The
question therefore is as to whether NET qualification in
Education is compulsory for the purpose of being considered
for appointment as Lecturer in Malayalam in a Training
College or is it sufficient if NET qualification is obtained
either in Malayalam or in Education.
7.Following the order dated 19.2.2008 on R.P.Nos. 1051/07
and 1126/07, different other materials were placed on
record, on the basis of which, the PSC has taken a stand that
its earlier plea was an error and it would be sufficient if NET
qualification is obtained either in Malayalam or in
Education. The qualifications prescribed for the post of
Lecturer in Training Colleges, as stated in the short counter
WPC.21327/03 & 14969/04
5
affidavit filed by the PSC, following directions of this Court,
are as follows:
“(i) Master Degree in the concerned subject or
discipline with at least 55% marks or its equivalent and
good academic records.
(ii) M.Ed degree with knowledge of special methods of
teaching the subjects.
(iii) Three years teaching experience in Schools or
Colleges after acquiring the personnel qualifications.
(iv) Must have passed a comprehensive test specially
conducted for the purpose by UGC or any agency duly
constituted by the State Govt. in this behalf.
When qualifications are equal preference shall be
given to candidates who possess adequate knowledge
in Malayalam. Candidates need to possess either NET
in Education or NET in the concerned subject
(Malayalam) to be eligible for selection in Training
Colleges”.
WPC.21327/03 & 14969/04
6
The specific plea of the PSC is that candidates need to
possess NET in Education or NET in the subject concerned
to be eligible for selection to Training Colleges. The
materials placed by the UGC is also not decisive to conclude
that an aspirant should possess NET qualification in
Education and NET in the concerned subject for being
eligible for selection as a Lecturer in a Training College.
In view of what is stated above, W.P(C).21327/03 is
dismissed. W.P(C).14969/04 is allowed as prayed for.
Having regard to the issues involved, the parties are
directed to bear their respective costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.5/11.