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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
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 En
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....
Higher qualifications in the same discipline presuppose lower qualifications for eligibility, and rejection of candidates with such qualifications is arbitrary.
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