KERALA TEACHERS' CHALLENGED THE PROVISIONS OF THE EDUCATION RULES REQUIRING EQUIVALENCY CERTIFICATE FROM STATE UNIVERSITY

Teachers who have obtained Master's degrees in science from outside Kerala have approached the Kerala High Court challenging the provisions of the Kerala Education Rules of 1959 ("Rules"). As per the provisions of the Rules, those who obtained MSc degrees from outside Kerala must produce equivalency certificates from a Kerala university to be considered for the post of Higher Secondary School Teacher.
The petition was moved by graduates of MSc Zoology who are qualified for the post of Junior Higher Secondary School Teacher ("HSST"). The Petitioners obtained their Master's degrees from universities outside the state of Kerala recognized by the University Grants Commission ("UGC").
The qualifications for HSST in aided higher secondary schools are given in the Rules.

The petitioners approached various universities in Kerala to obtain equivalency certificates. The universities informed them that since no part-time MSc Zoology program is offered in Kerala, such a certificate cannot be issued. This led to a situation where candidates like the petitioners have become ineligible for the appointment to the posts of HSST.

The Petitioners pointed out that the Court had observed the State government had ordered that degrees and diplomas by statutory universities established by the Central and State Legislature or by other institutions recognized by the UGC should be recognized in the State.
On these grounds, the petitioners have sought a declaration that Rule 6 (1) & Rule 6 (2) Chapter XXXII of the Rules is violative of Article 14, 16 and 21 of the Constitution. In view of the same, Justice Bechu Kurian Thomas granted time to the State government and Universities to file their response.