IMPORTANT POINT
The qualification for Supervisor under ICDS is a quota for Anganwadi workers with SSLC and 10 years of experience, not a general qualification applicable to all candidates.

JUDGMENT :

(A. Muhamed Mustaque, J.)

This issue revolves around whether the specific qualification mentioned in a notification for the post of Supervisor under the Integrated Child Development Scheme (ICDS) in the Women and Child Development Department should be treated as a quota (i.e., a reserved category or allocation) or as a mandatory qualification for eligibility.

2. The notification in this case will have to be considered in the light of the Special Rules for Kerala Social Welfare Subordinate Service, 2010. The service consists of several categories of officers. Category 13 refers to Supervisor, Integrated Child Development Service (ICDS). Rules also provide methods of appointment and qualification for appointment. As per the Rules issued in the year 2010, a ratio of 70:29:1 shall be maintained among direct recruitment from open candidates, appointment from Anganwadi workers and promotion from the feeder categories.

3. The charts below are provided for ease of understanding:

The above rules underwent amendment in the year 2012. And figures of 70:29:1 was substituted as 58:29:11:2 among:

In 2012 Rules

It is specifically stated in Rule 6 of amended rules 2012 that the ratio of 58:40:2 among feeder category shall be applicable till 31/12/2013 without any differentiation between Anganwadi workers who possess degree qualification and those who do not possess degree qualification, and the ratio of 58:29:11:2 would be applicable only with effect from 01/01/2014.

4. PSC invited a notification on 15/11/2014 for the post of Supervisor (ICDS) prescribing the qualification of degree in any subject from a recognised University. It is to represent the ratio of 11% earmarked for degree holders among Anganwadi workers. PSC also issued another notification on 11/12/2019 stipulating qualifications as – pass in SSLC with 10 years experience as Anganwadi workers, to represent 29% of the ratio.

5. PSC published the ranked list pursuant to the notification dated 11/12/2019. The petitioners in all these cases approached the Tribunal to exclude candidates included in the ranked list who possessed a degree. According to them, the notification dated 11/12/2019 is exclusively for the Anganwadi workers having SSLC qualifications and 10 years of experience. This was originally considered by a Bench consisting of two members of the Tribunal. There was a difference of opinion among the members of the bench. The judicial member was of the view that any person holding equivalent or higher qualification is eligible, therefore, the challenge must fail. The administrative member was of the view that 29% is a quota identified based on qualification and therefore, provisions under 10(a)(ii) of Part II Kerala State & Subordinate Services Rules, 1958, (KS&SSR), cannot be applied as it is a separate quota for disadvantaged groups based on affirmative action. Consequent upon a difference of opinion, the matter was taken up before the Chairman. Thereafter, a three-member bench took up the matter. The three-member bench affirmed the earlier view of the judicial member and held that rules do not bar candidates who hold higher qualifications and such candidates cannot be excluded. It is further note