Candidate Who Undertakes Degree Course With Two Main Subjects Would Get Advantage Of Two Main Degrees: Kerala High Court
The Kerala High Court has stated that a candidate who underwent a degree course having two main subjects would get the advantage of two main degrees.
In the facts of the case, a candidate who has a BA in Arabic and Islamic History from Calicut University was stated to be not eligible to apply for a post advertised by the Public Service Commission requiring a degree in Arabic, due to his dual main degree.
The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that merely the inclusion of an additional subject in the main degree would not mean that the candidate lacks degree in BA Arabic.
“As seen from the order of the University in Kerala, this is a double main degree of the University and it is equivalent to BA Arabic or BA Islamic History. That means, a candidate who undergoes such a programme will have the advantage of two main degrees. The mere inclusion of an additional subject in a main degree does not imply that the individual lacks a degree in one of the main subjects.”
The Kerala Public Service Commission called for applications for the post of Full Time Junior Language Teacher Arabic-LPS. An essential qualification to apply for the post was a degree in Arabic.
The applicant who has a double main degree, that is, BA degree in Arabic and Islamic History from Calicut University, was not considered eligible to apply by the PSC. The Tribunal did not agree with the decision of the PSC, which is challenged by the PSC before the High Court in this original petition.
The Court noted that the applicant possess a BA degree in Arabic and Islamic History awarded by the University of Calicut. It stated that the applicant would therefore have the advantage of two main degrees. It said, “University is the expert body. They considered the double main degree to be equivalent to a single degree programme.”
The Court also took note of a government notification dated November 25, 2010 which acknowledged that a triple main degree was equivalent to a degree in any of the subjects.
As such, the original petition of PSC was dismissed.
Standing Counsel P C Sasidharan appeared for the Kerala Public Service Commission.
Case Number: OP(KAT) NO. 266 OF 2020
Case Title: The Kerala Public Service Commission V Aboobacker Mattayi
Citation: 2024 LiveLaw (Ker) 776