{"id":96094,"date":"2003-03-05T00:00:00","date_gmt":"2003-03-04T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/p-m-latha-and-another-vs-state-of-kerala-and-others-on-5-march-2003"},"modified":"2018-05-26T22:53:38","modified_gmt":"2018-05-26T17:23:38","slug":"p-m-latha-and-another-vs-state-of-kerala-and-others-on-5-march-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/p-m-latha-and-another-vs-state-of-kerala-and-others-on-5-march-2003","title":{"rendered":"P.M. Latha And Another vs State Of Kerala And Others on 5 March, 2003"},"content":{"rendered":"
Supreme Court of India<\/div>\n
P.M. Latha And Another vs State Of Kerala And Others on 5 March, 2003<\/div>\n
Author: Dharmadhikari<\/div>\n
Bench: Brijesh Kumar, D.M. Dharmadhikari.<\/div>\n
           CASE NO.:\nAppeal (civil)  1726-28 of 2001\n\nPETITIONER:\nP.M. Latha and Another\n\nRESPONDENT:\nState of Kerala and Others\n\nDATE OF JUDGMENT: 05\/03\/2003\n\nBENCH:\nBrijesh Kumar & D.M. Dharmadhikari.\n\nJUDGMENT:\n<\/pre>\n
\t\t\t\tJ U D G M E N T
\nDharmadhikari J.\n<\/p>\n
\tThese appeals have been preferred by the candidates
\nseeking recruitment to the post of lower primary\/upper primary
\nteachers in the Government Schools of the State of Kerala.
\nThey questioned their non-selection to the post due to inclusion
\nof B.Ed. candidates in the select list prepared by the Public
\nService Commission of the State of Kerala.  Their contention
\nbefore the High Court was that in the advertisement issued for
\nrecruitment to the post of teachers in Government Primary
\nSchools, B.Ed. is not the prescribed qualification and only
\ncandidates with prescribed educational qualifications of
\nTeachers Training (Certificate) (shortly referred to as TTC)
\nwere entitled to compete for the selection and seek
\nappointment.\n<\/p>\n
Learned Single Judge of the High Court of Kerala by
\njudgment dated 25.1.1999 allowed the petition of the present
\nappellants holding that B.Ed. candidates could not have been
\nincluded in the select or rank list as they were not eligible
\nunder the terms of the advertisement.  The learned single
\njudge issued directions to the State Public Commission to
\nprepare the rank list afresh by excluding B.Ed. candidates.    A
\nfurther direction was issued that all orders of appointment
\nissued in favour of B.Ed. degree holders be cancelled.\tThe
\nrelevant part of the directions given by the learned single judge
\ndeserves to be reproduced:\n<\/p>\n
“In the above mentioned circumstances,
\nOriginal Petition succeeds and it is declared that
\nB.Ed. holders who are not having TTC and who
\nhave been included in the rank list should be
\ndeleted from the rank list.   Accordingly, there
\nwill be a direction to the Public Service
\nCommission to rearrange the rank list in the
\nPathanamthitta District, after excluding above-
\nmentioned persons.  This exercise should be
\ndone within a period of one month from the
\ndate of receipt of a copy of this judgment.\n<\/p>\n
\tThere will also be a direction to the PSC to
\ncancel the advice which has already been made
\nas far as B.Ed. holders are concerned who are
\nnot having TTC and there will be a direction to
\nthe Government to cancel the appointment
\nalready made to all those persons whose advice
\nare to be cancelled by the PSC.\n<\/p>\n
Original Petition is allowed to the above
\nextent.”\n<\/p>\n
By the impugned judgement dated 18.2.2000, the
\nDivision Bench of the High Court in Writ Appeals and Original
\nWrit Petition before it, preferred by the B.Ed. candidates (who
\nare private respondents before us), upheld the decision of the
\nlearned single judge that under the terms of the
\nadvertisement, the B.Ed. candidates were not qualified to
\ncompete for the post.\tDespite this strangly it upset the
\ndirections made in favour of the present appellants as TTC
\ncandidates, because of an undertaking given by the State of
\nKerala that they would be suitably amending the Rules of
\nrecruitment for providing avenues of recruitment to B.Ed.
\ndegree holders as teachers in Government Primary Schools.
\nThe relevant part of the observations with reasoning and
\nconclusion drawn by the division bench in its order to allow the
\nappeal of the B.Ed. candidates also needs to be reproduced:
\n“The learned judge finally held that in view of
\nthe principles laid down in the aforesaid
\ndecisions, B.Ed is not a qualification
\nprescribed and therefore B.Ed. holders are
\nineligible to apply.  When the matter is thus
\nconsidered only in the premise of Ext.P3
\nnotification we cannot say that the learned
\njudge has committed any error in holding that
\nPSC is not justified in searching for an
\nequivalent or better qualification.  But we
\nhave before us other lively and stimulating
\nissues for decision which we prefer to discuss
\npresently.\n<\/p>\n
The Government have expressed in the
\naffidavit dated 19.1.2000 that they would
\nframe rules in accordance with the decision
\ntaken on 2.6.1999 in consultation with the
\nPSC for future appointments of TTC hands
\nonly in LP Schools and B.Ed. holders and TTC
\nhands in UP Schools as expeditiously as
\npossible.  This is a solemn undertaking which
\nshould be implemented with extreme
\nswiftness.  We do not want to keep the
\nposition uncertain and vague as far as future
\nappointments are concerned.  It is made clear
\nthat we have validated the appointments
\nalready made for apparent reasons referred to
\nabove.\tWe therefore direct the government to
\nframe rules as above expeditiously, at any
\nrate within a period of three months from
\ntoday and to regulate all future selections and
\nappointments accordingly.\n<\/p>\n
In view of he discussion herein above we hold
\nthat the rank list published by the PSC for
\nappointment to the post of UPSA\/LPSA
\n(Malayalam) in Pathanamthitta district is valid.
\nThe direction given by the learned single
\njudge in the impugned judgment to the PSC to
\nre-arrange the rank list in Pathanamthitta
\ndistrict and to cancel all the appointments of
\nB.Ed. holders to the post of UPSA and LPSA is
\nset aside.  All the appointments of B.Ed.
\nholders so far made to the post of LPSA\/UPSA
\nare declared valid.  The judgment of the
\nlearned single judge in OP No.19187 of 1999
\nis accordingly set aside.”\n<\/p>\n
Aggrieved by judgment of the division bench, the present
\nappellants who are holders of TTC and have not been able to
\nget selected for the post of lower\/upper primary teachers have
\napproached this Court in these appeals.\n<\/p>\n
In the advertisement which was published in the
\nNotification in the Gazette dated 22.11.1994, the qualifications
\nfor the post of lower\/upper primary teachers were prescribed
\nthus:\n<\/p>\n
(1)\tPass in SSLC conducted by the
\nCommissioner for Government Examination,
\nKerala, or any other equivalent qualification.\n<\/p>\n
(2)\tPass in TTC conducted by the
\nCommissioner for Government Examinations,
\nKerala, or pass in Pre-degree of Kerala
\nUniversity with pedagogy as optional subject or
\npass in basic TTC examination (Malayalam)
\nconducted by the Government of Madras or
\npass in Malayalam Vidhvan examination.\n<\/p>\n
Learned counsel appearing for the appellants contends
\nthat when the terms of advertisement, quoted above, are very
\nclear to indicate that B.Ed. degree is not the prescribed
\nqualification, such candidates were clearly ineligible to compete
\nand they could not have been allowed to take up the selection
\ntest and to be included in the select list.  Learned counsel
\nplaced before us two judgments of Kerala High Court in
\nThulasibhai Amma vs. Asst. Educational officer [1993 (2)
\nKLT 245] and Mathew vs. State of Kerala [1992 (2) KLT
\n116] and pointed out that those decisions were wrongly
\nreferred to and relied by the division bench for allowing the
\nappeal of the B.Ed. candidates and directing the authorities to
\nsuitably amend the Rules.  Those judgments related to
\nrecruitment to the post of primary teachers in private primary
\nschools aided by the Government and to which the provisions
\nof Kerala Education Act and Rules were applicable.
\nRecruitment to Government Primary Schools is regulated by a
\nGovernment Resolution or Order and this legal position is not in
\ndispute.\n<\/p>\n
Learned counsel appearing for the State of Kerala, the
\nState Public Service Commission and some of the private
\nrespondents have strongly urged that B.Ed. qualification is a
\nhigher qualification than TTC and as in the process of
\nrecruitment of primary teachers in Government Primary
\nSchools, candidates with B.Ed. degree were allowed to
\ncompete, the division bench was right in not upsetting the
\nselect list and the appointment of B.Ed. candidates on
\nundertaking given by the authorities to suitably amend the
\nrecruitment Rules.\n<\/p>\n
On behalf of the State of Kerala, learned counsel pointed
\nout that pursuant to the directions of the division bench, Kerala
\nEducation Rules framed under the Kerala Education Act of 1958
\nhave been amended and for Upper Primary Teaches now along
\nwith TTC, B.Ed.\/BT\/LT of recognized Universities of Kerala have
\nalso been prescribed as qualifications with effect from the date
\nof Notification i.e. 8.6.2000.\n<\/p>\n
It is not disputed before us by the parties that Kerala
\nEducation Act of 1958 and the Kerala Education Rules framed
\nthereunder regulate recruitment to the posts of teachers in
\nprivate schools aided by the Government.  It is not brought to
\nour notice that correspondingly the Government Memorandum
\nor Order which regulated recruitment to Government Primary
\nSchools has also been amended to prescribe B.Ed. and
\nequivalent degree qualification as eligibility qualification for the
\npost.\n<\/p>\n
We find absolutely no force in the argument advanced by
\nthe respondents that B.Ed. qualification is a higher qualification
\nthan TTC and therefore, the B.Ed. candidates should be held to
\nbe eligible to compete for the post.  On behalf of appellants, it
\nis pointed out before us that Trained Teachers Certificate is
\ngiven to teachers specially trained to teach small children in
\nprimary classes whereas for B.Ed. degree, the training
\nimparted is to teach students of classes above primary.\t B.Ed.
\ndegree holders, therefore, cannot necessarily be held to be
\nholding qualification suitable for appointment as teachers in
\nprimary schools.  Whether for a particular post, the source of
\nrecruitment should be from the candidates with TTC
\nqualification or B.Ed. qualification, is a matter of recruitment
\npolicy.\t We find sufficient logic and justification in the State
\nprescribing qualification for post of primary teachers as only
\nTTC and not B.Ed.  Whether B.Ed. qualification can also be
\nprescribed for primary teachers is a question to be considered
\nby the authorities concerned but we cannot consider B.Ed.
\ncandidates, for the present vacancies advertised, as eligible.
\nThe division bench in the impugned order upheld the
\ndecision of the single judge that in terms of the advertisement,
\nB.Ed. candidates were not eligible to take up the selection and
\nto be included in the rank list.  We fail to understand that
\nhaving thus upheld the decision of the learned single judge
\nwhat was the justification for the division bench to refer to
\nstatutory recruitment Rules applicable to teachers in private
\nprimary schools, aided by the Government and the judgments
\nrendered by the High Court in their cases, for reversing the
\njudgment of the Single Judge and maintaining the Rank List
\nincluding names of the B.Ed. candidates and their
\nappointments on the basis of rules yet to be framed.\n<\/p>\n
On behalf of respondents, it is submitted that since large
\nnumber of B.Ed. candidates were allowed to compete and
\nactual appointment orders were also issued in their favour, the
\ndivision bench has tried to adjust the equities between the
\nparties.\n<\/p>\n
Equity and law are twin brothers and law should be
\napplied and interpreted equitably but equity cannot over-ride
\nwritten or settled law.\t The division bench forgot that in
\nextending relief on equity to B.Ed. candidates who were
\nunqualified and yet allowed to compete and seek appointments
\ncontrary to the terms of the advertisement, it is not redressing
\nthe injustice caused to the appellants who were TTC candidates
\nand would have secured a better position in the Rank List to
\nget appointment against the available vacancies, had B.Ed.
\ncandidates been excluded from the selections.  The impugned
\njudgment of the division bench is both illegal, inequitable and
\npatently unjust.  The TTC candidates before us as appellants
\nhave been wrongly deprived of due chance of selection and
\nappointment.  The impugned judgment of the division bench,
\ntherefore, deserves to be set aside and of the learned single
\njudge restored.\n<\/p>\n
Learned counsel for the respondent states that two
\ninterim orders were made by this Court during the pendency of
\nSpecial Leave Petitions and after grant of leave for these
\nappeals.  The relevant orders dated 3.7.2000 and 1.3.2001
\nread as under:\n<\/p>\n
  Court Order dated 3.7.2000
\n“Taken on Board.  Issue notice.\n<\/p>\n
Any appointment in the meanwhile made will
\nbe subject to the result of any order passed
\nin this SLP.”\n<\/p>\n
Court Order dated 1.3.2001
\n“.\n<\/p>\n
Mr. PP Rao, learned Senior Counsel submitted
\non behalf of the State of  Kerala  that TTC
\nholders alone will be appointed in the
\nvacancies arising in respect of lower primary
\nschools (LPS).\tThis will continue for the
\nfuture posts also until otherwise decided by
\nthis Court.  He submitted that so far as upper
\nPrimary Schools (UPS) are concerned, until
\notherwise decided, TTC holders as well as
\nB.Ed. holders will be considered and the
\nPublic service Commissin (PSC) will select the
\npersons out of this as one category who are
\nmore competent among them for
\nappointment.  We make it clear that all such
\nappointments made after 3.7.2000 will be
\ntreated as only provisional appointments and
\nbe subject to the final result of the appeals.\n<\/p>\n
\tThis order will apply only to non-private
\nschools.”\n<\/p>\n
Learned counsel for the private respondents relying on
\nthe above orders of this Court, submits that since the B.Ed.
\ncandidates have been appointed after amendment of the Rules
\nand on the statement made by the counsel for the State and
\nthe Public Service Commission, this Court should not upset the
\nappointment of B.Ed. candidates already made.\n<\/p>\n
We have held that the impugned judgment of the division
\nbench is liable to be set aside and that of the single judge
\nmaintained.  Having thus reached a conclusion in favour of the
\npresent appellants who are TTC candidates, it would be highly
\nunreasonable to deny them relief merely because of the interim
\norders or arrangements made thereby this Court: Under the
\naforesaid two orders, B.Ed. candidates were allowed to be
\nappointed only provisionally.  We take note of the fact that all
\nthe B.Ed. appointees are not before us and even though all
\nB.Ed. candidates who have been arrayed as respondents to
\nthese appeals, have been served with notices of these appeals,
\nonly a few of them are represented through counsel.  In these
\ncircumstances, we would restrict the relief to the candidates
\nwho were petitioners before the learned single judge including
\nthe present appellants.\n<\/p>\n
The exercise of preparation of a fresh Rank List directed
\nto by the learned single judge shall be undertaken and after
\nfresh list is prepared by exclusion of B.Ed. candidates, if the
\nappellants get the necessary rank against available vacancies
\nat the relavant time, they would be given appointment and to
\nmake room for them, by terminating appointment, if
\nnecessary, of B.Ed. candidates who might have been selected
\nin their places.\n<\/p>\n
Consequently, we allow these appeals.  The impugned
\njudgment dated 18.2.2000 of the division bench is set aside
\nand order of the learned single judge dated 25.1.1999 is
\nrestored with the modification made above. Since the
\npetitioners in the High Court and in this Court have been
\nwaiting for selection and appointment, so long, let the
\ndirections made by the learned single judge as modified by this
\nCourt be carried out with expedition and within an outer limit of
\nfour months.  The appellants will also be entitled to get costs
\nfrom the respondents State of Kerala with Counsel’s fee as per
\nrules.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India P.M. Latha And Another vs State Of Kerala And Others on 5 March, 2003 Author: Dharmadhikari Bench: Brijesh Kumar, D.M. Dharmadhikari. CASE NO.: Appeal (civil) 1726-28 of 2001 PETITIONER: P.M. Latha and Another RESPONDENT: State of Kerala and Others DATE OF JUDGMENT: 05\/03\/2003 BENCH: Brijesh Kumar & D.M. Dharmadhikari. JUDGMENT: J […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-96094","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nP.M. 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