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.
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W.P.(C) No.39675 of 2017
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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
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
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
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
