Statutory qualifications for public employment must be strictly adhered to, and higher qualifications do not confer eligibility if specific requirements are not met.

JUDGMENT :

DIPANKAR DATTA, J.

THE APPEAL

1. These appeals, by special leave, take exception to the common judgment and order dated 2nd December, 2019 of the High Court of Kerala at Ernakulam dismissing the appellant's writ petitions¹[O.P.(KAT) No. 153 of 2019 and O.P.(KAT) No. 154 of 2019].

FACTS

2. Facts giving rise to these appeals, which are not in dispute, are these:

a. An advertisement dated 17th October, 2012 was published by the Secretary of Kerala Public Service Commission²[KPSC] inviting applications from interested candidates for filling up 12 vacant posts of “Boat Lascar” under the Kerala State Water Transport Department³[the department]. The method of appointment was indicated as ‘direct recruitment’ and the qualifications stipulated therein read as follows:

7. Qualifications:

(1) Literacy in Malayalam or Tamil or Kannada

(2) Possession of Current Lascar's Licence

Note :- Candidates should possess current Lascar's Licence on the last date for receipt of applications, during Practical Test and Interview also.

b. Incidentally, in terms of the Special Rules of 1975⁴[the Special Rules] for the Kerala State Water Transport Subordinate Service (Operating Wing) ⁵[Subordinate Service], the service would consist of 3 classes of officers. While Class I comprised 2 categories, Classes II and III comprised 3 categories, viz. Category 1, Category 2 and Category 3. Syrang, Driver and Lascar are listed at Categories 1, 2 and 3, respectively, of Class III. In terms of the Schedule appended to the Special Rules, the post of Syrang can be filled up either by direct recruitment or by promotion from among Lascars in the ratio of 1:1 whereas appointment on the post of Lascar is entirely by direct recruitment. It is also provided in the Schedule that while literacy in Malayalam or Tamil or Kannada is the common qualification required for appointment as Syrang as well as Lascar, an individual aspiring for the post of Syrang must possess current Syrang’s licence while an individual aspiring for appointment on the post of Lascar is similarly required to possess a current Lascar’s Licence.

c. The licence noted above is a certificate of competency that is referred to in Chapter III of the Kerala Inland Vessels Rules, 2010. In terms thereof, any aspiring individual fulfilling the qualifications statutorily prescribed is issued a certificate of competency upon succeeding in the “viva voce examination” that is conducted either for a Syrang’s licence or a Lascar’s licence. Inter alia, while a person aspiring for a Syrang’s licence is required to be 10th standard pass, it is 8th standard pass for anyone aspiring for a Lascar’s licence.

d. By a letter dated 9th October, 2012 addressed to the Director of the Department, the Director of Ports⁶[the Director] conveyed to the following effect:

…

This is to communicate formally that the Syrang, Master and Driver Certificate issued by the Chief Examiner under the KIV Rules 2010 is a certificate superior to Lascar Certificate. Hence those who possess Syrang, Master and Driver Certificate will be proficient in Lascar work also. Thus Syrang and Master Certificate can be considered more than equivalent to Lascar Certificate and such persons are eligible for the job 'lacer' (sic, lascar) also.

This communication is issued based on the representation received from a few candidates who applied to the Public Service Commission for Lascar job in order to enable them to complete the application process. Copy of their representation is enclosed. However the final selection may be done based on practical test, on the skills required, type of vessel and other requirements of the organization.

…

e. The appellant was the holder of a Syrang’s licence, which was valid when he noticed the advertisement.

f. Perceiving that possession of a Syrang’s licence makes him eligible to apply for the post of Lascar which, incidentally, happens to be the feeder post for promotion to the post of Syrang, the appellant offered his candidature and acquitte