K.C.Jayachandran vs State Of Kerala

Kerala High Court

K.C.Jayachandran vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 39675 OF 2017
PETITIONERS:

     1     K.C.JAYACHANDRAN
           AGED 36 YEARS, S/O.MADHAVAN NAMBIAR, RESIDING AT
           KAITHACHALIL HOUSE, P.O.KINALOOR, BALUSSERY, KOZHIKODE.

     2     M.K.SREELATHA
           AGED 30 YEARS, D/O.VISWESWARA VARMA, RESIDING AT
           SREESAROJ, PALLIYIL, P.O.ORAVIL, ULLIYERI, KOZHIKODE.

           BY ADVS.
           SRI.V.V.SURENDRAN
           SRI.P.A.HARISH



RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY,
           SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

     2     THE SECRETARY
           DEPARTMENT OF EDUCATION, SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

     3     THE KERALA PUBLIC SERVICE COMMISSION
           REPRESENTED BY ITS SECRETARY,
           PATTOM,THIRUVANANTHAPURAM-695 004.

     4     THE DISTRICT OFFICER
           THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
           KOZHIKODE-673 020.

     5     THE DISTRICT OFFICER
           THE KERALA PUBLIC SERVICE COMMISSION,DISTRICT OFFICE,
           WAYANAD -673 122.

     6     THE DISTRICT OFFICER
           THE KERALA PUBLIC SERVICE COMMISSION,
           DISTRICT OFFICE, MALAPPURAM.

     7     RASHTRIY SANSKRIT SANSTHAN
 WP(C) NO. 39675 OF 2017


                            2


          REPRESENTED BY ITS REGISTRAR, 56-57,
          INSTITUTIONAL AREA, JANAKPURI,
          NEW-DELHI - 110 058.

          BY ADVS.
          SRI. V.K. SUNIL, SR.GP
          SRI.N.M.MADHU,SC,RASHTRIYA SANKRI SD UT
          SRI. P.C. SASIDHARAN, SC, PSC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 39675 OF 2017


                                 3


               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.39675 of 2017
          ----------------------------------------------
        Dated this the 21st day of May, 2024


                          JUDGMENT

The above writ petition is filed with the following prayers:

"i) Issue any order declaring that the degree granted by the Rashtriya Sanskrit Sansthanam is equivalent to a degree granted by the Rashtriya Sanskrit Sansthan which is considered as an equivalent qualification by Ext. P5 notification.

ii) Issue any or order declaring that persons who have been awarded degree by the Rashtriya Sanskrit Sansthanam are entitled for appointment to public services on the basis of Ext. P5 notification.

iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the District Offices under the 3rd respondent to issued interview cards to persons similarly situated like the WP(C) NO. 39675 OF 2017 4 petitioners who have obtained certificates from the Rashtriya Sanskrit Sansthanam for the interview pursuant to Ext. P7 notification.

iv] Issue any other appropriate writ, order or direction which this Honorable Court may deem just, fit and proper to grant for the redressel of the grievances of the petitioners." SIC

2. When this writ petition came up for consideration on 08.12.2017, this Court passed the following order;

"Admit.

Learned Government Pleader takes notice for R1 & R2. Learned Standing Counsel takes notice for R3 to R6. Learned Standing Counsel takes notice for R7 University.

There will be a direction to the respondents to permit the petitioners to attend the interview to be conducted on 13.12.2017 provisionally and subject to further orders in the writ petition."

3. Today, when the matter came up for WP(C) NO. 39675 OF 2017 5 consideration, the learned Standing Counsel appearing for the Public Service Commission submitted that, the Commission have ordered to accept the degree of Shastri (B.A.) course awarded by the Rashtriya Sanskrit Sansthanam, New Delhi as equivalent to B.A. (Sanskrit) qualification for selection to the post of Part Time High School Assistant (Sanskrit) in the General Education Department. The order of the Commission is communicated to all the District offices on 08.12.2017 for compliance. If that be the case, nothing survives in this case.

Recording the above submission, this writ petition is closed. Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 39675 OF 2017 6 APPENDIX OF WP(C) 39675/2017 PETITIONER EXHIBITS EXHIBIT-P1: A TRUE COPY OF THE DEGREE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE 7TH RESPONDENT UNIVERSITY.

EXHIBIT-P2: A TRUE COPY OF THE DEGREE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE 7TH RESPONDENT UNIVERSITY.

EXHIBIT-P3: A TRUE COPY OF THE SIKSHA SHASTRI CETIFICATE ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT-P4: TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA DATED 15.10.13.

EXHIBIT-P5: TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.143/78 GAD DATED 16.3.1978.

EXHIBIT-P6: TRUE COPY OF THE MARK SHEET OF THE 2ND PETITIONER ISSUED BY THE 7TH RESPONDENT UNIVERSITY.

EXHIBIT-P7: A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 30.11.13.

EXHIBIT-P8: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 7TH RESPONDENT TO THE 3RD RESPONDENT DATED 1.12.17.

RESPONDENTS EXHIBITS            :NIL

                          // TRUE COPY //

                           PA TO JUDGE