In a significant legal battle concerning the equivalence of qualifications, the Supreme Court of India delivered a crucial judgment in the case involving University of Calicut and KPSC. The ruling has far-reaching consequences on how qualifications are assessed in recruitment procedures and holds implications for various future cases. Let’s delve into the details of this important decision.
Facts
- The original application of the appellant was rejected by the Tribunal on 19 June, 2012.
- The rejection was based on the appellant’s failure to meet the qualifying criteria for the post of High School Assistant (Physical Science).
- The appellant challenged the Tribunal’s decision by filing OP(KAT) No. 3407 of 2012 in the High Court of Kerala.
- The High Court, through a judgment on 16 October, 2012, dismissed the appellant’s petition.
- The High Court upheld the Tribunal’s decision from 19 June, 2012.
- The appellant has now appealed to challenge the High Court’s decision through special leave.
- The appellant holds a graduation degree in B.Sc(Polymer Chemistry) and a B.Ed(Physical Science)
- She appeared in the written test on 10 October, 2009 and cleared the exam
- The KPSC invited the appellant for an interview but required an equivalency certificate proving that B.Sc(Polymer Chemistry) is equivalent to B.Sc(Chemistry)
- The University of Calicut issued a certificate stating that B.Sc(Polymer Chemistry) is equivalent to B.Sc(Chemistry) for employment and higher studies
- The appellant’s name did not figure in the final merit list for the post of High School Assistant(Physical Science)
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Arguments
- Appellant’s degree in B.Sc(Polymer Chemistry) was deemed equivalent to B.Sc(Chemistry) by the University of Calicut.
- The High Court of Kerala had previously ruled that KPSC cannot determine equivalence unless specified in special rules.
- Appellant filed O.A. seeking inclusion in the merit list based on written test marks.
- Appellant’s counsel argued that Tribunal’s decision was illegal and arbitrary, urging for relief.
- Respondent-KPSC maintained that the notification required a degree in B.Sc(Chemistry) without room for equivalence consideration.
- The respondent argued that the Division Bench of High Court provided sound reasoning for rejecting the appellant’s plea.
- According to the respondent, the reasons presented by the Division Bench were strong and justified in denying relief to the appellant.
- The respondent emphasized that the appeal should be dismissed based on the solid legal grounds provided by the Division Bench.
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Analysis
- Qualifying criteria for the advertised post was a degree in B.Sc(Chemistry).
- Determining equivalence of a qualification is the responsibility of the State recruiting authority.
- Equivlence of a qualification cannot be determined through judicial review.
- Appellant argues that B.Sc(Polymer Chemistry) should be treated as equivalent to B.Sc(Chemistry), which is rejected.
- Appellant does not hold the required degree.
- Judicial review cannot expand the prescribed qualifications or decide equivalence with other qualifications.
- Equivalence of qualifications is a technical academic matter and must be determined by specific order or resolution.
- The appellant’s claim of equivalence between B.Sc(Polymer Chemistry) and B.Sc(Chemistry) by University of Calicut is not valid.
- The appellant was not qualified for the post advertised on April 30, 2008, based on settled principles of law.
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Decision
- The judgment dated 16 October, 2012 rendered by the High Court should not be interfered with.
- The appeal is dismissed as it lacks merit.
- No costs are ordered.
- Any pending application(s) will be disposed of.
Case Title: SHIFANA P.S. Vs. STATE OF KERALA . (2024 INSC 580)
Case Number: C.A. No.-004468-004468 – 2013
