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Supreme Court of India 2021-08-17 allowed

Praveen Kumar C.P vs Kerala Public Service Commission & Ors

Bench: 2 — Aniruddha Bose

In Brief

Two teachers sought appointment as High School Assistants in Kerala after qualifying written examinations, but were excluded for lacking B.Ed. degrees in the specified subject (Natural Science). The State later issued Government Orders recognizing their B.Ed. degrees as equivalent to the required subject. The High Court rejected their pleas, citing the prohibition on retrospective application of new rules. The Supreme Court allowed their appeals, holding that the Government Orders were clarificatory of pre-existing equivalency, not new rules imposed mid-way. Since the appellants possessed equivalent qualifications substantively, they were entitled to appointment based on performance, with service credited from the date of actual appointment.

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Public Service Commission Educational Qualifications Recruitment Equivalence of Degrees Administrative Law Service Law

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