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A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Kerala Public Service Commission – Appellant
Versus
Manjusha Lakshmi – Respondent
JUDGMENT :
Mohammed Nias C.P., J.
The Kerala Public Service Commission (PSC) is aggrieved by the order in OA Nos.206/2021, 240 of 2021, 147 of 2021 and 202 of 2021 of the Kerala Administrative Tribunal, Ernakulam Bench, whereby, the original applications preferred by the party respondents were allowed holding them to be eligible to apply for the post of Optometrist Grade II in the Health Services Department pursuant to the notification dated 14.11.2018 as category No.217/2018.
2. The short facts leading to the original petitions are as follows:-
| “Qualifications | (1) Pass in Pre-degree with Physics, Chemistry and Biology OR Physics, Chemistry and Mathematics as optional subjects or equivalent qualification |
|
| (2) Diploma in Ophthalmic Assistant Course (2 years) conducted by the Medical Colleges in Kerala or equivalent qualification. |
Regular BSc Optometry qualifications are considered valid and superior under Rule 10(a)(ii) of Part II KS & SSR for eligibility in the selection process.
Qualifications for public service positions must be recognized by the relevant statutory authority and relevant to the job, as upheld by the court.
Qualifications for public service positions must be acquired through regular education, excluding distance-learning degrees from satisfying eligibility criteria.
Appointment – Qualification – Equivalence of a qualification is not a matter that can be determined in exercise of power of judicial review – Equivalence is a technical academic matter, it cannot be ....
Government orders therein relating to equivalence, does not only have prospective effect, but are also declaratory and clarificatory in nature and hence, has the effect of relating back to time of ac....
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
The equivalence of educational qualifications for employment must be assessed based on syllabus similarity rather than course nomenclature changes.
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