High Court Of Kerala
K. BALAKRISHNAN NAIR,M.L. JOSEPH FRANCIS
Kerala Public Service Commission - Appellant
Versus
Vivina.V.V, Madthuvilakath - Respondent
W.A. Nos.325, 326, 403, 406,433, 434, 435, 436, 437 & 444 of 2009
Decided On : 03/13/2009
Constitution of India, 1950 - Article 226 - If P.S.C. wants to treat a particular qualification which is different from notified qualification as sufficient qualification, whether it should be taken before issuance of notification inviting applications - What qualifications can be treated as higher qualification - Held, Court is of the view that the decision of the PSC dated 12.5.2008, even if it is valid, could not have been made applicable to the on going selection - It can govern only selections for which notifications were issued after the said decision - Court agree with the views of the learned Single Judge that equivalency or sufficiency of M.Sc. Home Science with Pre-degree for the post of Vocational Instructor is relevant only to notifications for selection issued after 12.5.2008 - Decision of the PSC could not have been made applicable during the middle of the selection, after it was revealed to all, including the P.S.C members, who were the contestants in the field - Writ Appeals Dismissed.
Balakrishnan Nair, J.
These Writ Appeals are filed against the common judgment of the learned Single Judge in W.P.(C) Nos.20771, 21783, 24150 and 28075/2008dated 112.2008, interfering with the decision of the Public Service Commission dated 15.2008, to treat M.Sc. Home Science as sufficient qualification for appointment to the post of Vocational Instructor in Clothing and Embroidery in the Vocational Higher Secondary Schools under the Kerala State.
2. The brief facts of the case are the following: W.A.No.444/2009 filed by the Public Service Commission (in short "PSC") against the judgment in W.P.(C) No.21783/2008 is treated as the main case, for the purpose of referring to the parties and exhibits. The writ petitioner is a member of the Scheduled Caste. She has passed Vocational Higher Secondary Course in Clothing and Embroidery with first class. Ext.P1 is the V.H.S.C certificate issued to her. She has passed B.Sc. Home Science with first class for the optional subjects, namely, Home Science (Main) and Botany and Zoology (Subsidiaries) in the year 2004. Ext.P2 is her Degree Certificate. The PSC invited applications for appointment to the post of Vocational Instructor in Clothing and Embroidery on 8.4.2005. Ext.P3 is the relevant pages of the notification published in the Kerala Gazette (Extraordinary) dated 26.4.2005. The qualifications prescribed for the post were "A pass in VHSE Clothing & Embroidery conducted by the Government of Kerala or its equivalent with B.Sc. Home Science awarded by any of the Universities in Kerala or an equivalent qualification OR Pre-degree awarded by any of the Universities in Kerala or its equivalent with Diploma in Costume Designing and Dress Making awarded by the Department of Technical Education." The written test for the post was held on 19.2007. A short list was published on 28.2.2008. The interview for the post was held from 15.2008 to 16.5.2008. The rank list was published on 18.6.2008. The copy of the rank list was produced in the writ petition as Ext.P4. The writ petitioner was included as rank No.3 in the supplementary list of Scheduled Caste candidates. The 3rd respondent in the writ petition, who was impleaded during its pendency, was rank No.1 in the said supplementary list.
3. The writ petitioner came to know that persons who were not having the prescribed qualifications, but were having only M.Sc. degree in Home Science have been included in the rank list. The 3rd respondent in the writ petition, who is rank No.1 in the supplementary list of Scheduled Caste candidates, is one of such candidates. Aggrieved by the inclusion of candidates, who do not have the prescribed qualifications, in the rank list, the writ petitioner filed W.P.(C) No.21783/2008. She prayed for quashing Ext.P4 rank list to the extent it includes persons without the prescribed qualifications. She also prayed for re-casting of the rank list and consequential reliefs.
4. The PSC filed a counter affidavit, in which it is admitted that the Commission has taken a decision on 15.2008, to treat the candidates with M.Sc. degree in Home Science as candidates qualified for the post. The PSC supported the decision, relying on the decision of the Apex Court in Jyoti K.K. & Ors. v. Kerala Public Service Commission & Ors. [JT 2002 (Suppl.1) SC 85]. According to the PSC, it has the power to accept qualifications considered as sufficient for the post, by virtue of Rules 10 and 13 of the Kerala State & Subordinate Services Rules (in short "KS & SSR"). It is also submitted that the qualification for the post of Vocational Teacher, which is the promotion post of Vocational Instructor, is M.Sc. Home Science. Both the posts are meant to teach in Plus One and Plus Two classes. So, if M.Sc. Home Science is sufficient qualification for the post of Vocational Teacher, there is nothing wrong in the PSC treating the said qualification plus Pre-degree as sufficient qualification for the post of Vocational Instructor, it is submitt
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