The main legal point established in the judgment is that the working experience should be gained after the acquisition of the basic qualification as a mandatory requirement for the post of Assistant Motor Vehicles Inspector.

K.S. Radhakrishnan, J.

Common question arises for consideration in all these cases. When the matter came up for hearing we heard counsel appearing for the appellant in W.A. 984/1999 Sri. P.Ravindran, counsel appearing for Public Service Commission Sri. O.V. Radhakrishnan and Government Pleader Sri. C.K. Pavithran.

2. Short facts which are necessary for disposal of these cases is as follows: Kerala Public Service Commission invited applications for recruitment to the post of Assistant Motor Vehicles Inspector as per gazette notification dated 18.7.1995. The last date for receipt of application was 30.8.1995. Qualifications prescribed in the gazette notification for selection to the post were as follows:

i) Minimum General Educational Qualification of pass in Xth Standard.

ii) A Diploma in Automobile Engineering (3 years course) awarded by the State Board of Technical Education or Diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course) or any qualification in either of the above disciplines declared equivalent by the Central Government or State Government.

iii) Working experience of atleast one year in a reputed (Government approved) Automobile Workshop which undertakes repairs of both Light Motor Vehicles, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles fitted with petrol and diesel engine.

The working experience prescribed for this post should be one acquired after the acquisition of the basic qualification prescribed for this post. The experience should be from a Government approved workshop. Experience in the capacities of paid and unpaid apprentices, trainees and casual labourers will not be accepted.

iv) Must hold a driving licence authorising him to drive Motor Cycle, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles.

Appellants conceded that they have gained working experience not after acquisition of the basic qualification. The question that has come up for consideration is whether insistence of working experience after acquisition of the basic qualification is legal or 'not. Counsel for the appellants maintained the stand that the minimum qualification have already been laid down by the Central Government vide notification issued under S.213(4) of the Motor Vehicles Act wherein there is no indication that the working experience should be gained after acquisition of the prescribed qualification.

3. Counsel appearing for the appellant Sri. P. Raveendran submitted Kerala State and Subordinate Service Rules, 1958 was enacted by the State Government in exercise of the powers conferred under Art.309 of the Constitution of India, which enables the State Government to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of any State. According to the counsel, R.10(ab) of the Kerala State and Subordinate Service Rules refers only to Special Rules or Recruitment Rules framed by the State Government. Counsel submitted that the Special Rules for the Kerala Transport Subordinate Service also do not stipulate the qualification that the working experience should be gained after the acquisition of the basic qualification. Counsel submitted the Special Rules and Recruitment Rules referred to in R.10(ab) of the K.S.& S.S.R would take in only the above mentioned rules and not the notification framed by the Central Government under S.213(4) of the Motor Vehicles Act. In order to establish his contentions counsel referred to the decision of the Apex Court in (1993) 2 SCC 429, (2000) 1 SCC 128 etc.

4. Counsel appearing for the Public Service Commission Sri. O.V. Radhakrishnan on the other hand submitted that as per Motor Vehicles Act Central Government is laying down the minimum qualification. Counsel submitted whether 213(1) specifically says that the State Government may, for the purpose of carrying into effect the provisions of the Act, establish a Motor Vehicles Department and appoint as officers t