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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE P.M. MANOJ, JJ
Firos K.V.K, S/o Moideenkutty - Appellant
Versus
State Of Kerala - Respondent
W.A.NO.378 OF 2025
Decided On : 25-02-2025
(A) Kerala High Court Act, 1958 - Section 5(i) - Writ petition for appointment as Lower Division Clerk - Qualifications prescribed in notification dated 16.07.2012 do not allow for equivalent qualifications - Government order dated 07.12.2024 clarifying equivalence cannot be applied retrospectively - The learned Single Judge dismissed the writ petition, stating that the qualifications set out in the notification are strictly adhered to and the intent of the Special Rules is clear. (Paras 6 , 11 , 14 )
(B) Writ Jurisdiction - Scope of judicial review in matters of appointment - Courts should not interfere with the qualifications set out in notifications unless there is a clear violation of law or principles of natural justice. (Paras 9 , 10 )
Facts of the case:
The appellant-petitioner sought to quash the ranked list for the post of Lower Division Clerk, arguing that his qualifications were equivalent to those required. The Government clarified that his qualification was equivalent, but the court ruled it could not apply retrospectively to the already concluded selection process.
Findings of Court:
The court found that the qualifications prescribed in the notification do not allow for equivalent qualifications and that the Government order cannot affect past selections.
Issues: The main issue was whether the Government order regarding equivalence of qualifications could be applied retrospectively to the selection process that concluded with the ranked list published on 14.07.2023.
Ratio Decidendi: The court held that the qualifications set out in the notification are definitive and that the intent of the Special Rules was to limit eligibility strictly to the qualifications specified, without allowing for equivalent qualifications.
Result: Writ appeal dismissed.
JUDGMENT :
Anil K. Narendran, J.
This writ appeal filed under Section 5(i) of the Kerala High Court Act, 1958 , arises out of the judgment dated 21.01.2025 of the learned Single Judge in W.P.(C)No.3914 of 2024. The said writ petition is one filed by the appellant-petitioner, who is an aspirant for the post of Lower Division Clerk in the 4th respondent Kerala Water Authority, notified vide Ext.P4 notification dated 16.07.2012 - Category 345/2012 - issued by the 5th respondent Kerala Public Service Commission.
2. As per clause 7(i) and (ii) of Ext.P4 notification dated 16.07.2012 issued by the 5th respondent Kerala Public Service Commission, the qualifications for appointment to the post of Lower Division Clerk in the 4th respondent Kerala Water Authority are Degree in any discipline and Certificate in Data Entry and Office Automation of minimum 3 months (120hrs) duration awarded by Lal Bahadur Shasthri Centre for Science and Technology (LBS), Institute of Human Resource Development (IHRD) or from similar/equivalent institution approved by the Government.
3. The document marked as Ext.P3 is a copy of a certificate dated 19.02.2003 issued by the Project Director, Science and Technology Entrepreneurship Development (STED) Project, Government of Kerala, in which it is certified that the petitioner has successfully completed the training programme in Computerised Office Management with Internet and basic of e- Commerce, sponsored by the Kerala State Backward Classes Development Corporation Ltd. (KSBCDC) and conducted by STED Project from 28.05.2001 to 19.09.2001, and secured 50% marks and as such is proficient in Fundamentals, DOS, Windows 2000, MS Word, MS Excel, MS PowerPoint, MS Access, Internet and basic of e-Commerce.
4. The appellant-petitioner has filed the writ petition seeking a writ of certiorari to quash Ext.P9 ranked list published by the 5th respondent Kerala Public Service Commission for the post of Lower Division Clerk in the 4th respondent Kerala Water Authority, which came into force on 14.07.2023, Ext.P12 communication dated 29.11.2023 of the Secretary of the Kerala Public Service Commission and Ext.P13 reply dated 16.01.2024 [wrongly typed as Ext.P11 in the relief portion] issued by the 3rd respondent Secretary to Government, to the extent it excluded the name of the petitioner from the ranked list; a writ of certiorari to quash Ext.P5 profile page of the petitioner in the official website of the 5th respondent Kerala Public Service Commission to the extent it rejected the candidature of the petitioner; a writ of mandamus commanding the 5th respondent Public Service Commission to include the name of the Petitioner at an appropriate position in Ext.P9 ranked list for the post of Lower Division Clerk in the 4th respondent Kerala Water Authority; a declaration that the petitioner is fully qualified for the post of Lower Division Clerk in the 4th respondent Kerala Water Authority, for which 5th respondent Kerala Public Service Commission invited applications vide Ext.P4 Gazette notification dated 16.07.2012 - Category No.345/2012; and a writ of mandamus commanding the 3rd respondent Secretary to Government, Department of Science and Technology, to issue a Government order declaring that Computer Office Management with Internet and Basic of e- commerce (3 months) Course certificate issued by Science and Technology Entrepreneurship Development (STED) Project is equivalent to Data Entry and Office Automation Course in Lal Bahadur Shasthri Centre for Science and Technology (LBS) and thereupon direct the 5th respondent Kerala Public Service Commission to include the name of the petitioner in Ext.P9 ranked list for the post of Lower Division Clerk in the 4th respondent Kerala Water Authority at the appropriate position, and advise and appoint him from the said ranked list.
5. Before the learned Single Judge, the 5th respondent Public Service Commission filed a counter affidavit dated 09.03.2024, opposing the reliefs sought for. T
The qualifications for the post of Lower Division Clerk are strictly defined, and equivalent qualifications cannot be considered, especially retrospectively.
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.
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 posts must be obtained through regular study, not distance education, to satisfy statutory requirements.
Qualifications for public service positions must be acquired through regular education, excluding distance-learning degrees from satisfying eligibility criteria.
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....
A review petition must demonstrate an error apparent on the face of the record to warrant reconsideration of a judgment; mere repetition of previous arguments does not suffice.
Higher qualifications in the same discipline presuppose lower qualifications for eligibility, and rejection of candidates with such qualifications is arbitrary.
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