Indian Kanoon - Search engine for Indian Law

The original application was filed by the 1 st respondent herein, as applicant, seeking for a declaration that Rule 5 of Annexure A2 Special Rules to the extent it does not prescribe Post Graduate Diploma in Computer Application (PGDCA) certificates issued by the State Board of Technical Education as one of the qualifications for appointment to the post of HSST (Computer Application and Computer Science), as unconstitutional and for other consequential reliefs. The subject matter in issue had arisen in the matter relating to appointment of Higher Secondary School Teacher (HSST) in Computer Application. Applicant was working as HSA Mathematics during the relevant time. As per the Special Rules, one among the qualifications O.P(KAT).Nos.294/2014 & 71/2015 prescribed for being appointed as HSST (Computer Science) is Master's Degree with not less than 50% marks in Mathematics/Physics and Post Graduate Diploma in Computer Application (PGDCA) from a recognized University, or Institute of Human Resources Development or Lal Bahadur Sastri Centre for Science and Technology (for short LBS Centre) or Department of Electronics, "A" level Accredited.

4. The Tribunal, after considering the matter observed that when it is clear that the curriculum of the course conducted by LBS Centre and Government Polytechnic for PGDCA is one and the same and the examination is conducted by the very same agency, i.e., the State Board of Technical Education, there is no reason to exclude PGDCA course of the applicant in the Special Rules as a qualification for appointment to the post of HSST. It is therefore found that when the qualification suffers from the vice of under inclusiveness, it amounts to violation of equality clauses under Article 14 of the Constitution of India. Reliance was also placed on the judgment of the Division Bench of this Court in Kamala Devi v. Kerala State Financial Enterprises Ltd. (2002 (1) KLT 157). Accordingly, the original application was allowed. The qualification acquired by the applicant was directed to be treated as relevant qualification for the purpose of promotion and the seniority list was directed to be revised accordingly.

5. OP(KAT) No.294/2014 is filed by Smt. Shyni C.B, who was affected by the aforesaid order and got impleaded before the Tribunal itself. Two other candidates who were not parties before the Tribunal filed Review Application inter alia contending that they have PGDCA from the LBS Centre O.P(KAT).Nos.294/2014 & 71/2015 for Science and Technology and other relevant qualifications and by including a person who was not qualified in terms of the Rules, their right to get promoted as HSST has been substantially affected. The Review Application has been dismissed by order dated 11.2.2015, inter alia observing that there is no error apparent on the face of record.

In the result, we are of the view that the order passed by the Tribunal cannot be sustained. We set aside the order in O.A. No. 946/2014 and RA No.4/2015 by allowing the aforesaid original petitions. The OP (KAT)s are allowed. The Government shall take necessary steps to revise the seniority list in accordance with the aforesaid view expressed by us and it shall be re- casted and the petitioners, if they are still in service, may be given the post O.P(KAT).Nos.294/2014 & 71/2015 of HSST, if they are qualified and any person who does not acquire the qualification shall be reverted. However, it is made clear that there shall not be any recovery of any amount that has already been paid on account of the appointment of the applicant as HSST.