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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
SHYMOLE PRAKASH D/O PRAKASH – Appellant
Versus
KERALA PUBLIC SERVICE COMMISSION – Respondent
JUDGMENT :
A. MUHAMED MUSTAQUE, J.
1. This original petition is directed against the order of the Tribunal. The petitioners approached the Tribunal challenging their exclusion from consideration for the post of clerk and typist on the ground that after the PSC notification, the Government decided that equivalent qualifications possessed by them would have to be excluded for the appointment to the post.
2. The Kerala Public Service Commission (PSC) invited notification for clerk-typist and typist-clerk for district-wise recruitment. The qualification prescribed is as follows:
(2) Lower Grade Certificate in KGTE Malayalam Typewriting or its Equivalent.
(3) Lower Grade Certificate in KGTE English Typewriting and Computer Word Processing or its Equivalent.
Those who have passed KGTE Typewriting before January 2002, must have acquired separate certificate in Computer Word Processing or its equivalent before the last date for receipt of application for the post fixed by the commission. (G.O. No. 21/2011/P&ARD dated 01.07.2011).
All the qualifications for the post must have acquired before the last date of receipt of application.
3. The notification was issued o
The court affirmed that eligibility criteria for public service positions cannot be altered retrospectively after the selection process has commenced, unless explicitly permitted by existing rules.
The court affirmed that qualifications for public service positions must be strictly adhered to, emphasizing that equivalence pertains to the institution, not the qualification itself.
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....
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....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Point of Law : Recruitment over and above notified vacancies is not in accordance with constitutional mandate of equal opportunity of unemployment, envisaged in Articles 14 and 16 of Constitution of ....
public employment as understood in Article 16 of the Constitution of India, is a public wealth and can even be seen as their new form of public right as it is the public wealth of the nation
The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous re....
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