'Cant be assumed if one degree equivalent to another one': SC rejects plea by candidate of High School Assistant post
New Delhi: The Supreme Court has said it cannot be implied or assumed that if one degree is equivalent to another degree for the purpose of essential qualification to a post, since it is a technical academic matter.
The apex court dismissed a plea by a woman against rejection of her candidature for the post of posts of High School Assistant (Physical Science) advertised by the Kerala Public Service Commission.
A bench of Justices Hima Kohli and Sandeep Mehta said judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification.
Therefore, the equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine, the bench said, as it cited 'Zahoor Ahmad Rather and Other Vs Sheikh Imtiyaz Ahmad and Others' (2019).
Any decision of the academic body of the University relating to equivalence should be by specific order or resolution, duly published, the bench said, while also relying upon the 'Unnikrishnan CV and Others Vs Union of India and Others' (2023).
Appellant Shafina P S challenged the Kerala High Court's order of October 16, 2012 that dismissed her petition against the Kerala Administrative Tribunal's decision declining her any relief in the matter.
She held a graduation degree in B Sc (Polymer Chemistry) and a B Ed (Physical Science). She appeared in the written test on October 10, 2009 and cleared the exam. However, the KPSC did not publish her result in the final merit list.
KPSC asked her to produce the equivalency certificate that B Sc (Polymer Chemistry) is equivalent to B Sc (Chemistry).
The candidate claimed University of Calicut verified that B Sc (Polymer Chemistry) degree obtained by the appellant was equivalent to the degree of B Sc (Chemistry) required under the advertisement.
The KPSC represented by advocate Vipin Nair submitted that the notification of October 3, 2011 stated in unambiguous terms that the aspirant for the post must hold a graduation degree in BSc (Chemistry). He submitted that the issue of equivalence cannot be gone into either by the Commission or the Court while exercising the power of judicial review.
"Indisputably, the qualifying criteria prescribed for the post advertised vide notification dated 30th April, 2008 was a degree in B Sc (Chemistry). Admittedly, the appellant does not hold such a degree," the bench said in its recent judgment.
The court also said it is the case of the appellant that B Sc(Polymer Chemistry) degree acquired by her is required to be treated as equivalent to a degree in B Sc (Chemistry).
"However, the said argument does not hold water and is misconceived," it said.
The court opined the appellant was not qualified for the post advertised, as it found no justifiable reason so as to interfere with the High Court's judgment.