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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Kerala Public Service Commission, Represented By Secretary – Appellant
Versus
Neethu Surendran P. S. – Respondent
JUDGMENT :
(P.G. Ajithkumar, J.)
These appeals under Section 5(i) of the Kerala High Court Act, 1958 were filed by the Kerala Public Service Commission (PSC) and the State of Kerala challenging the judgment dated 12.02.2024 in W.P.(C) No. 9309 of 2023. Common respondents No.1 to 7 filed the writ petition. Their challenge was against Exts.P1 and P4 insofar as the same fixed qualification for appointment to the post of Last Grade Servants in various Universities in Kerala that the candidates should not have acquired any graduation. Similar criteria contained in the Special Rules for the Kerala Last Grade Service were made applicable to the said appointment as well. The learned Single Judge allowed the writ petition and directed to make selection on the basis of the qualifications fixed in the respective statutory provisions applicable to respective universities.
2. The case of respondents No.1 to 7 was the following:
The court ruled that the government cannot prescribe qualifications for recruitment that contravene existing statutory provisions, emphasizing the supremacy of legislative authority over executive or....
High Court's supervisory jurisdiction under Article 227 does not extend to appellate review; qualifications for civil service maintained under established rules.
Both Government and the Public Service Commission can determine if a higher qualification presupposes a lower one, but this decision must precede the recruitment notification. Any post-notification d....
Qualifications for public service posts must be obtained through regular study, not distance education, to satisfy statutory requirements.
Selection – A State instrumentality seized of solemn responsibility of making selections to public services must maintain a high standard of probity and transparency and is not expected to remain neb....
Qualifications for public service positions must be acquired through regular education, excluding distance-learning degrees from satisfying eligibility criteria.
The distinction between 'appointment' and 'promotion' is crucial, allowing for different legal interpretations and applications of rules regarding suitability tests.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
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