The qualifications prescribed for a post are specific and binding, and candidates not possessing those specific qualifications cannot be considered, even if similar or better qualifications are possessed.

Arijit Pasayat, C.J.

1. All these petitions involve a single point of dispute and therefore arc disposed of by this common Judgment.

2. The controversy lies within a narrow compass and factual aspects need to be noted in brief. The Kerala Public Service Commission (hereinafter referred to as 'the Commission') invited applications for selection to the post of Sub Engineers (Electrical) in the Kerala State Electricity Board (in short 'the Board') in terms of the notification in the official Gazette dated 21st June 1994. The qualifications prescribed for selection to the post were:

"(1) S.S.L.C. or its equivalent

(2) Technical qualifications:

(a) Diploma in Electrical Engineering of a recognised institution after 3 years course of study.

OR

(6) A certificate in Electrical Engineering from any one of the recognised Technical Schools, shown below with five years service under Kerala State Electricity Board.

(i) City and Guilds, London Examination in Electrical Engineering in A.C. and D.C. of intermediate or final grade.

(ii) Krishna Rajendra Technological Institute (2 years course).

(iii) S.M.T. School Overseer's Certificate in Electrical and Mechanical Engineering (2 years course).

(iv) Certificate in Electrical Engineering of Engineering College, Thiruvananthapuram or Technological Institute, Thrissur or equivalent course (2 years).

(v) Certificate in Electrical Engineering, C.N.T. Institute, Madras (2 years course).

(vi) Certificate obtained from P.S.G. Institute, Coimbatore (2 years course).

(vii) Electricians course certificate, College of Engineering, Calcutta (2 years course).

(viii) Certificate in Electrical Wiring of the Industrial School, Calicut.

(ix) M.G.T.E./K.G.T.E. Group Certificate in Electrical Engineering in 4 subjects, viz. Electrical Lights and Power (Higher), Applied Mechanics (Lower), Heat Engines (Lower) and Machine Drawing (Lower).

(x) Departmental 3 years apprentice course training and pass in the final examination.

(xi) Craftsman certificate from Industrial Training Centre as Electrician, Wireman or Lineman.

(xii) Certificate of Grade II Proficiency test in the trade of Electrician under Technical Training Scheme (Demob).

or

(c) M.G.T.E./K.G.T.E. in Electrical Light and Power (Higher) with five years experience as II Grade Overseer (Electrial) under the Board."

3. Candidates who applied for selection were permitted to appear at the written test conducted on 23rd December 1995. Subsequently the test was cancelled and a re-test was conducted on 20th July 1996. According to the Commission the permission to appear at the written test was provisional as detailed scrutiny of the application forms had not been undertaken. Subsequently it was done and candidates who did not possess the prescribed qualifications were not included in the short list. Petitioners in the Original Petitions are holders of B. Tech. Degree in Electrical Engineering or Bachelor Degree in Electrical Engineering. The Commission was of the view that they did not possess the prescribed qualification and were therefore not eligible for selection. Such conclusion is the subject matter of challenge in each case.

4. According to learned counsel for petitioners, they possess higher qualifications and therefore the non consideration of their cases is illegal and unsustainable. They have moved this court for a direction to the Commission to consider them as eligible candidates. It is also submitted that since the inception of the Board, persons possessing higher qualifications are being considered and therefore in terms of R.13 Part I of Kerala, State and Subordinate Service Rules, 1958 (in short 'the Rules') it shall be presumed that the Commission and the Board had accepted higher qualifications to be applicable to these cases.

5. Stand of the Commission is that Graduate in Engineering or other qualifications possessed by petitioners may for the sake of argument be taken