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2024 Supreme(Ker) 128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, JJ.
Sanjai A.T., S/o.Thankappan A.P. – Appellant
Versus
State Of Kerala – Respondent
O.P.(KAT).Nos.455, 458, 459 and 461 of 2023
Decided on : 14-02-2024
Advocate Appeared:
For the Appellant : A.ARUNA, JISHA SHAJI
For the Respondent: SAIJO HASSAN, GIRIJA K GOPAL, K.N.VIGY(K/902/1998), BENOJ C AUGUSTIN(K/189/2004.), RAFEEK. V.K.(K/134/2003), U.M.HASSAN(K/00033/2016), AATHIRA SUNNY(K/000638/2018) SMT.VINITHA B., SENIOR GOVERNMENT PLEADER SRI.P.C.SASIDHARAN
The appointing authority has the discretion to treat a qualification as equivalent to the prescribed qualification for a post, and such decisions are valid unless there is a total lack of application of mind in recognizing such equivalency.
Headnote:
Equivalence of Qualification - Government Orders - Rule 10(a)(ii) of KS&SSR - [Rule 10(a)(ii)]
Fact of the Case:
The case involved the challenge to the inclusion of candidates in a rank list for the post of Junior Health Inspector Grade-II in Palakkad District, based on the government orders declaring certain qualifications as equivalent after the last date of receipt of application and after the expiry of the rank list.
Finding of the Court:
The court found that the government had the authority under Rule 10(a)(ii) of KS&SSR to issue executive orders declaring certain qualifications equivalent to those specified for a post, and that the inclusion of candidates based on subsequent declaration of equivalency was legal.
Issues: The key issue was whether the inclusion of candidates based on government orders declaring equivalency of qualifications after the last date of receipt of application and after the publication of the rank list was legal.
Ratio Decidendi: The court held that the government had the authority to issue executive orders declaring certain qualifications equivalent to those specified for a post, and that such candidates could be included in the rank list based on subsequent declaration of equivalency, as stipulated in the notification.
Final Decision: All the original petitions were dismissed, affirming the legality of the inclusion of candidates based on subsequent declaration of equivalency by the Government.
JUDGMENT :
A.Muhamed Mustaque, J.
In this batch of original petitions, we have to decide on a question that frequently arises before this court as to the legality of the executive orders of the Government declaring a qualification as an equivalent qualification specified for a post after the last date of receipt of application under the notification.
2. These original petitions are filed by candidates who are included in the rank list for the post of Junior Health Inspector Grade-II in Palakkad District. They applied pursuant to a notification dated 26/12/2014 issued by the Kerala Public Service Commission (KPSC). They want to exclude candidates who have applied for the post without qualifications mentioned specifically in the notification. We are not referring to the facts in detail as we are only now deciding a few questions of law in this matter. The precise challenge in this case is regarding the inclusion of the candidates in select list pursuant to the government orders much long after a cut-off date for receipt of last date of application and also after the expiry of rank list declaring equivalency of qualification possessed by such candidates who have been now advised for appointment.
3. The prescribed qualification by KPSC is as follows:
1. S.S.L.C
2. Sanitary Inspectors' Certificate of Bombay or madras
OR
Health Inspectors' Certificate of Trivandrum Medical College.
OR
Sanitary Inspectors Certificate of All India institute of Local Self Government Bombay
OR
The certificate in Sanitary Inspectors' Course awarded by the National Council for Rural Higher Education.
OR
Sanitary Inspectors' Training Course conducted by the Rural Institute, Thavannur.
Note:- KS&SSR Part II Rule 10 (a) (ii) is applicable for selection to this post.(emphasis supplied)
4. Under Rule 10(a)(ii) of Part II, KS&SSR, the Government has power to declare a qualification as equivalent to a qualification specified for a post in a Special Rule or in an executive order. It is appropriate to refer to Rule 10.
10. Qualifications. [(a) (i) The educational or other qualifications, if any, required for a post shall be as specified in the Special Rules applicable to the service in which that post is included or as specified in the executive orders of Government in cases where Special Rules have not been issued for the post/service.
(ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13 (b) (i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post.
5. In these cases, inclusion of candidates who have obtained trade certificates from the National Council for Vocational Training (NCVT) under Government of India and State Council for Vocational Training (SCVT) under the State Government are under challenge. The Government issued these orders admittedly after the last date of receipt of application. Last date of receipt of application was on 28/1/2015. The Government on 5/7/2018 issued an executive order holding that the Health Sanitary Inspector Course Certificate issued by the State Council for vocational training is equivalent to the qualification required for the post of Junior Health Inspector in Municipal Common Service. This decision was taken pursuant to the direction issued by the Kerala Administrative Tribunal by its order in O.A.No.2654/2016 dated 16/8/2022. Rank list pursuant to the notification was published on 11/2/2020 and it already expired.
6. Thereafter, on 17/2/2023, the Government issued yet another executive order declaring that NCVT Trade Certificate is equivalent to the qualification prescribed for appointment to the post of J
