The main legal point established is that the experience requirement for appointment must be fulfilled after acquiring the basic qualification for the post, as mandated by the relevant rules and conditions.

Anil K. Narendran, J.

This original petition arises out of Ext.P2 order of the Kerala Administrative Tribunal, Thiruvananthapuram Bench dated 30.8.2016 in O.A.(EKM)No.1325 of 2016. The said O.A. was filed by the petitioner herein, who is working as an Anganwadi Worker at Anganwadi No.85 in Pathirappally in Alappuzha District under the Social Justice Department, seeking an order directing the first respondent to consider her for appointment to the post of Supervisor (ICDS) under Integrated Child Development Scheme, pursuant to Annexure A1 notification dated 15.11.2014 issued by the Kerala Public Service Commission (for brevity 'the PSC'). She has also sought for an order directing the first respondent to consider Annexure A7 representation within a time frame that may be fixed by the Tribunal.

2. The Tribunal, after considering the rival contentions, dismissed the O.A by Ext.P2 order dated 30.8.2016 holding that, the petitioner is not having the requisite experience in terms of Annexure A1 notification. However, it was made clear that the dismissal of the O.A. will not stand in the way of the first respondent considering Annexure A7 representation made by the petitioner. Feeling aggrieved by Ext.P2 order of the Tribunal, the petitioner is before this Court in this original petition.

3. We heard arguments of learned counsel for the petitioner/applicant, learned standing counsel for the first respondent/PSC and also learned Government Pleader for the second respondent/State.

4. Going by the averments in the O.A., the petitioner entered service in June, 2010 as an Anganwadi Worker. While working as such, she submitted an application pursuant to Annexure A1 notification issued by the PSC for direct recruitment, from Graduate Women Anganwadi Workers with not less than ten years experience as Anganwadi Worker, to the post of Supervisor (ICDS) in the scale of pay of Rs.13900-24040/-. The qualifications prescribed in Annexure A1 notification for the post of Supervisor (ICDS) are (i) Degree in any subject from a recognised University and (ii) Ten years experience as Anganwadi Worker under Integrated Child Development Scheme in the Social Justice Department. The candidature of the petitioner was not considered by the PSC on the ground that she is not having the requisite experience. According to the PSC, ten years experience prescribed for direct recruitment to the post of Supervisor (ICDS) should be experience acquired after securing graduation in any subject. Feeling aggrieved by the said stand of the PSC, the petitioner moved the Tribunal in O.A.No.1325 of 2016 seeking various reliefs. The said O.A. ended in dismissal by Ext.P2 order of the Tribunal.

5. The fact that the petitioner entered the service as Anganwadi Worker in June, 2010 is not in dispute. It is also not in dispute that, though the petitioner completed her B.Com course in the year 2000, she could pass all papers and acquire degree only in April, 2012. Therefore, as on 17.12.2014, the last date for submission of application prescribed in Annexure A1 notification, the petitioner do not have ten years experience as a Graduate Women Anganwadi Worker.

6. The direct recruitment pursuant to Annexure A1 notification for the post of Supervisor (ICDS), from Graduate Women Anganwadi Workers with not less than ten years experience as Anganwadi Worker, is governed by the provisions of Annexure A5 Special Rules for the Kerala Social Welfare Subordinate Service, 2010, as amended by Annexure A6 Special Rules for the Kerala Social Welfare Subordinate Service (Amendment), 2012. The post of Supervisor (ICDS) falls under category 13 under Rule 2 of the Special Rules. Rule 3 of the Special Rules deals with the method of appointment and qualifications, which provides that, no person shall be eligible for appointment to any of the categories specified in column (1) by the method specified in column (2) of the table thereof unless he possesses the qualification specified in the correspondin