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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
Sakeena K.A. @ Sakkeena K.A. D/o. Aboobacker – Appellant
Versus
Kerala Public Service Commission – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
The Public Service Commission invited applications for appointment to the post of Supervisor, Integrated Child Development Service (ICDS) as per its notification dated 16/05/2022. The method of appointment notified, and the qualification prescribed are as follows: Method:
Direct recruitment from women Anganwadi Workers with not less than 10 years of experience as an Anganwadi Worker.
Qualification
1. Degree in any subject from a recognised university.
2. Ten years of experience as an Anganwadi Worker under the Integrated Child Development Scheme in the Social Welfare Department.
2. The petitioner herein is an Anganwadi Worker with a degree. She has been an Anganwadi Worker for more than 20 years. As seen from Annexure A3, she has been working in the above post from 19/04/2000 onwards. The petitioner acquired the degree in the year 2015. PSC did not include her in the probability list dated 22/12/2023 for the reason that she did not acquire ten years of experience after obtaining the degree. The petitioner approached the Tribunal aggrieved by the non-inclusion in the probability list. The Tribunal dismissed her challenge.
3. We may not have a dispute on the
Experience for appointment as Supervisor (ICDS) is not required for Anganwadi Workers with a degree, as per the Special Rules.
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.
Appointment on Post of Supervisors in Integrated Child Development Scheme (ICDS) – There can be no distinction found from amongst graduates and SSLC holders insofar as nature of duties performed.
Appointments made against statutory provisions are void ab initio, and eligibility criteria must be strictly adhered to.
'Preferably' in qualifications is recommendatory, not mandatory; applies as tie-breaker on equal merit.
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
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