Equivalence Of Qualification Is A Technical Academic Matter; It Cannot Be Implied Or Assumed.: Supreme Court
|The Supreme Court observed that equivalence of a qualification is a technical academic matter and it cannot be implied or assumed.
The Court was hearing an Appeal by Special Leave that challenged the decision of the Division Bench of the High Court which dismissed the Original Petition preferred by the Appellant and affirmed the order passed by the Kerala Administrative Tribunal that dismissed the Original Application preferred by the Appellant.
The bench of Justice Hima Kohli and Justice Sandeep Mehta relied on the decision of the Supreme Court in Zahoor Ahmad Rather and Others v. Sheikh Imtiyaz Ahmad and Others where according to the Court it was held, “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.”
Brief Facts-
The Kerala Public Service Commission (KPSC) invited applications for High School Assistant (Physical Science) positions for which the appellant who has a B.Sc in Polymer Chemistry and a B.Ed in Physical Science applied and passed the written exam. Despite receiving an equivalency certificate from her University which stated that a B.Sc in Polymer Chemistry is equivalent to a B.Sc in Chemistry, her name was excluded from the final merit list due to a Kerala High Court ruling in A. Suma v. Kerala Public Service Commission, which held that KPSC cannot determine the equivalence of qualifications unless specified by special rules. The Appellant's original application and subsequent petition in the High Court of Kerala were rejected. Hence, this appeal.
The Court said that the argument of the Appellant that the B.Sc(Polymer Chemistry) degree acquired by her is required to be treated as equivalent to a degree in B.Sc(Chemistry) is misconceived.
The Court further mentioned the decision of the Unnikrishnan CV and Others v. Union of India and Others where according to the Court a three-judge Bench of Supreme Court, while relying upon the earlier judgment in the case of Guru Nanak Dev University v. Sanjay Kumar Katwal and Another held, “equivalence is a technical academic matter, it cannot be implied or assumed. Any decision of the academic body of the University relating to equivalence should be by specific order or resolution, duly published.”
Accordingly, the Court said that the Appellant was not qualified for the post advertised in the notification.
Finally, the Court dismissed the Appeal.
Cause Title: Shifana P.S. v. State of Kerala (Neutral Citation: 2024 INSC 580)