The judgment established the principle that when a particular qualification is prescribed in the notification, there is no justification for entertaining applications from overqualified candidates, as it amounts to a fraud on the public and is illegal and against public policy.

K.S. Radhakrishnan, J.

The Kerala Public Service Commission invited applications for selection to the post of LPS./UPS Assistant (Malayalam) in the Education Department for Pathnamthitta District. Notification was published in the gazette dated 22.11.1994. Qualifications prescribed for the post are as follows:

(1) Pass in S.S.L.C. conducted by the Commissioner for Government Examinations, Kerala, or any other equivalent qualification.

(2 Pass in TTC conducted by the Commissioner for Government Examinations, Kerala, or pass in Pre-degree of Kerala University with pedagogy as optional subject or pass in basic TTC examination (Malayalam) conducted by the Government of Madras or pass in Malayalam Vidhvan examination.

2. Several persons submitted applications on the basis of above mentioned gazette notification, including the petitioner. Petitioner passed SSLC examination in March, 1990, and TTC in 1994, both in first class, and was fully qualified for being considered for appointment to the post of LPS/UPS Assistant. Petitioner and others were called for a written test which was held on 25.8.1995 and a short list was published on 20.9.1996. Petitioner was called for interview on 22.1.1997. Second respondent published a rank list for Pathanamthitta District. Similar rank list was also published for other districts as well. Ext. P6 is the rank list published in respect of Pathanamthitta District. Petitioner's rank was 210 in the general category. On enquiry petitioner came to know that Public Service Commission entertained applications from B.Ed, holders who do not possess TTC for the post, but were included in the rank list. Petitioner then filed a complaint before the Public Service Commission with regard to inclusion of persons who are having B.Ed, degree, and not possessing TTC, as per the notification published by the Public Service Commission. Petitioners was served with Ext. P7 reply stating that Public Service Commission considered the applications from B Ed. holders on the basis of various orders issued by this Court and the Government. Petitioner's request was therefore rejected. Petitioner is aggrieved by the action of respondents in entertaining applications submitted by B.Ed, holders, who do not possess TTC for the post of LPS/UPS Assistant. Counsel further contended that in any view of the matter, Public Service Commission was not justified in entertaining applications of B.Ed, holders, who have not passed TTC examination. According to counsel, the scheme of training and the content of the training envisaged for B Ed. are totally different from that of TTC. Counsel submitted the objectives and methodology of TTC are totally different from that of B Ed. course, since the former is concerned with small children in the age group of 5 to 12 years whereas the latter deals with grown up children, and are not concerned with teaching students of lower primary schools. According to counsel, TTC holders are trained to teach all the subjects prescribed in the primary level. Counsel submitted there is no justification in treating TTC holders and B.Ed, holders alike. In any view of the matter, counsel submitted, in the absence of any stipulation in the notification of B.Ed, as a qualification for the post of LPS/UPS Assistant (Malayalam), there is no justification for the Public Service Commission to entertain applications from B.Ed, holders, who are not having TTC.

3. Counter affidavits have been filed by respondents 1 and 2. It is not justified by counsel appearing for the respondents that B.Ed, was not a qualification prescribed in the notification. Government have clarified vide G.O. (MS) 6588/G1.Edn. dated 5.3.1988 that persons possessing the basic training qualifications of teaching, viz. TTC would alone be considered for appointment as Lower Primary School Assistant and Upper Primary School Assistant in aided schools, even if they are having B.Ed, qualification. It was noticed that several aided schools appointed teac