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D. K. SINGH
Vyshak P. S/o : Rajeevan P. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
D. K. SINGH, J.
Heard Ms Arunaa learned Counsel for the petitioners; Ms Mary Beena Joseph learned Senior Government Pleader for the State; Mr P C Sasidharan learned Standing Counsel for the Kerala Public Service Commission, and Mr P M Johny learned Standing Counsel for the Kerala Water Authority.
Facts
2. The petitioners in the writ petition are candidates who applied for selection and appointment to the post of Surveyor Grade II in the Kerala Water Authority (KWA) in pursuance of the notification issued by the Kerala Public Service Commission (KPSC) dated 30.12.2023. The petitioners are aggrieved by the rejection of the candidature of the petitioners by the Kerala Public Service Commission after they were short listed.
2.1 As per notification dated 30.12.2023 the qualifications for the post of Surveyor Grade II in the Kerala Water Authority, prescribed in column 7, read as follows:
“7. Qualification:
1. Pass in SSLC or its equivalent
2. National Trade Certificate (NTC) awarded by the National Council for Vocational Training in the trade Surveying after the completion of 2 years metric course or its equivalent.
OR
(i) Pass in SSLC or its equivalent examination.
(ii) KGTE Certific
Higher qualifications in the same discipline presuppose lower qualifications for eligibility, and rejection of candidates with such qualifications is arbitrary.
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
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....
The main legal point established in the judgment is the interpretation of the conflict between the Special Rules and Section 25(b) of the Act, and the court's finding that the fiction under Section 2....
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.
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
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