C.S. Rajan, J.

As per Ext. P1 notification the qualification for appointment to the post of Assistant Motor Vehicle Inspector are as follows:

(a) A pass in Xth Standard.

(b) A Diploma in Automobile Engineering (3 years course) OR A Diploma in Mechanical Engineering (3 years course).

(d) Experience of one year in a Government approved workshop engaging in the workshop activities of petrol and diesel engines of light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles.

(e) Licence to drive motor cycle and heavy goods vehicle.

2. The petitioner appeared for the examination for obtaining Diploma in automobile engineering on 13.4.1994. The result of the examination was published on 5.9.1994. The petitioner's certificate showed that he had one year experience from 1.6.1994 to 17.8.1995. The last date for receipt of the application by the P.S.C. was 30.8.1995. The petitioner applied on 18.8.1995. Though the petitioner appeared for the written test and interview (pursuant to the direction of this Court), he was told that his experience from 1.6.1994 to 17.8.1995 would not be reckoned because the experience must be one which he acquired after obtaining the Diploma.

3. Therefore, the only question to be decided in this Original Petition is that whether the relevant rules insist that the experience must be one which was acquired after obtaining the qualification of Diploma. According to the petitioner, neither the Special Rules for the Kerala Transport Subordinate Service nor the Rules framed under the Central Motor Vehicles Act stipulate that the experience must be before the

acquisition of the Diploma qualification. The workshop experience has not been prescribed under the Special Rules framed by the State Government. It is by a notification issued by the Central Government by virtue of the powers conferred under S.213 of the Motor Vehicles Act that the above experience has been prescribed. There is no stipulation in the notification that the workshop experience must be before the acquisition of the Diploma. Therefore, according to the petitioner, the PSC was wrong in insisting that the petitioner must acquire the above qualification before he acquired the Diploma qualification.

4. Learned Standing Counsel for the P. S.C. brought to my notice R.10(ab) of K.S.& S.S.R. which reads as follows:

"(ab) Whether the Special Rules or Recruitment Rules for a post in any service prescribe qualification of experience, it shall, unless otherwise specified, be one gained by persons on temporary or regular appointment in capacities other than paid or unpaid apprentices, trainees and casual labourers in Central or State Government service or in Public Sector Undertaking or Registered Private Sector Undertaking, after acquiring the basic qualification prescribed for the post."

Therefore, according to the P.S.C., the qualification of experience must be one gained after acquiring the basic qualification prescribed for the post. In this case, the basic qualifications for the post are S.S.L.C. and Diploma in Automobile Engineering or in Mechanical Engineering.

5. Confronted with the above Rule the learned counsel for the petitioner submitted that R.10(ab) applies only where the Special Rules or recruitment rules for a post in any service prescribed the qualification of experience and not a case where the above experience was prescribed by a notification as in the given case. But I do not think such a narrow interpretation can be given to R.10(ab) of K.S.& S.S.R. What is relevant and-material is to find out whether a special qualification like experience has to be acquired before or after acquiring the basic qualification prescribed for the post. R.10(ab) cannot be limited to the cases where the Special Rules or the recruitment rules prescribe the qualification of experience and not to other cases. According to me, wherever a qualification of experience is prescribed either by the Special Rules or by recruitment rules or by any other me