IMPORTANT POINT
Selection – A State instrumentality seized of solemn responsibility of making selections to public services must maintain a high standard of probity and transparency and is not expected to remain nebulous as to its norms.

JUDGMENT :

SANJAY KUMAR, J.

1. Leave granted.

2. With a tortuous trajectory spanning over a dozen years, this weary litigation craves closure. Hanging in balance is recruitment to several posts of Lower Division Clerk (LDC) in the Kerala Water Authority.

A notification was issued by the Kerala Public Service Commission (KPSC) in this regard on 16.07.2012 for filling up 102 existing vacancies and 43 anticipated vacancies in the said post. 1192 applications were received in response thereto. The qualifications prescribed in the notification were:

(i) Degree in any discipline.

(ii) Certificate in Data Entry and Office Automation of minimum 3 months (120 hours) duration awarded by Lal Bahadur Shastri Centre for Science and Technology (LBS), Institute of Human Resource Development (IHRD), or from similar/equivalent institution approved by the Government.

3. While so, one Shebin A.S. who held a Diploma in Computer Applications (DCA), filed WP (C) No. 24279 of 2012 before the High Court of Kerala contending that the qualifications, as prescribed, would eliminate candidates who held higher qualifications as it restricted the zone of consideration to certificate holders only. By judgment dated 01.08.2014, a learned Judge agreed with him and allowed the writ petition. The learned Judge opined that the notification should have been more transparent with regard to the qualifications, specifying whether equivalent/higher qualifications could also be accepted. The KPSC was accordingly directed to issue a revised notification, keeping this aspect in mind.

4. Aggrieved thereby, the KPSC filed Review Petition No. 884 of 2014 pointing out that there was no stipulation in the notification or in the Special Rules applicable to the post of LDC that a higher/equivalent qualification is also acceptable. The KPSC further stated that it had examined the issue in detail and decided that applications of persons with DCA qualification could not be accepted for the said post. It specifically averred that 590 applications of persons having DCA qualification had been received but were not treated as valid. Asserting that the judgment, if complied with, would go against the Rules as DCA was not a notified qualification, the KPSC sought review of the direction to issue a revised notification. However, the Review Petition was dismissed on 24.02.2015.

5. The KPSC, thereupon, filed Writ Appeal No. 1501 of 2015. It asserted that, as an equivalent or higher qualification was not prescribed under the Rules, it was not accepting DCA qualification for the post of LDC. It further asserted that, at no point of time had it taken any decision to accept applications of candidates with DCA qualification as the qualification prescribed and notified for the post did not indicate that persons with DCA qualification would also be permitted to participate in the selection process. Accepting the stand of the KPSC, a Division Bench of the Kerala High Court allowed its writ appeal, vide judgment dated 13.06.2022. The Division Bench took note of the KPSC’s contention that it had never notified any change in the qualifications and that it had already decided that DCA was not an equivalent qualification for the post in question as the equivalence mentioned in the notification was only with respect to the institution. The Division Bench, therefore, opined that, as no change had been made by the KPSC with regard to the qualification after issuance of the notification and, as a matter of fact, the KPSC had decided that DCA was not an equivalent qualification for the post in question, there was no warrant for allowing the writ petition and issuing a direction to revise the notification. The Division Bench noted that even if a person with higher qualification had applied, the same would have been rejected during the scrutiny before shortlisting of candidates for interviews. The Division Bench accordingly set aside the judgment of the learned Judge and dismissed the writ petition.

6. Despite this ju