IMPORTANT POINT
Experience for appointment as Supervisor (ICDS) is not required for Anganwadi Workers with a degree, as per the Special Rules.

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 proposition of the law that if experience is prescribed, it must be acquired after obtaining a degree. On the same issue related to the appointment of Supervisor (ICDS), this Court had decided in Lini Joy C. v. Kerala Public Service Commission, Tvm and Another [ 2017 (2) KHC 474 ] that “a candidate has to possess ten years’ experience as Anganwadi Worker under the Integrated Child Development Scheme in the Social Justice Department, after acquiring the basic qualification prescribed for the post under ‘graduate quota’, i.e., ten years’ experience as Anganwadi Worker after acquiring Degree in any subject.”

4. However, we note that the above judgment is per incuriam as it did not advert to the Special Rules for the Kerala Social Welfare Subordinate Service (Amendment), 2012 (hereinafter referred to as the “2012 Rules”). These rules superseded the earlier rules, i.e., the Special Rules for the Kerala Social Welfare Subordinate Service, 2010 (hereinafter referred to as the “2010 Rules”). Category 13 in the rules is related to appointments to the post of Supervisor (ICDS).

5. For easy understanding, refer to the chart hereunder:

In 2010 Rules

6. The above rules were amended in the year 2012 as follows:

In 2012 Rules

7. In the 2012 Rules, there is no prescription of experience for Anganwadi Workers with a degree to be eligible for appointment as Supervisor (ICDS). The original rule prescribed a ratio of 70:29:1 between direct recruitment from open candidates, appointment from Anganwadi Workers and promotion from the feeder category. There is a prescription of 10 years of experience for direct recruitment of Anganwadi Workers with SSLC in both the rules. There is no such experience prescribed in the 2010 Rules for open candidates having a degree to represent the 70% quota. From the above 70%, a new quota has been carved out for degree holders among Anganwadi Workers representing 11% in the 2012 Rules. There is hardly any distinction between direct recruitment from the open market and direct recruitment from Anganwadi Workers, who have degrees as the qualifications. Therefore, it is clear that a quota is created for Anganwadi Workers having a degree to be appointed as Supervisors