IMPORTANT POINT
The qualifications prescribed under the Special Rules for Associate Professor posts supplement rather than undermine the minimum standards set by the Council Regulation 2013, ensuring qualified candidates for public service.

JUDGMENT :

A.Muhamed Mustaque, J.

These original petitions have been filed by the applicants before the Tribunal. The applicants in O.A.(EKM).No.675/2024, [Petitioners in O.P.(KAT.No.496/2024)] approached the Tribunal challenging an erratum notification dated 16/11/2023 and notification dated 30.12.2023 issued by the Kerala Public Service Commission (the ‘PSC’ for short) for appointment to the posts of Associate Professor and Professor, respectively, in Government Homoeopathic Medical Colleges; and the applicants in O.A.(EKM).No.1638/2024, [Petitioners in O.P.(KAT.No.470/2024)] approached the Tribunal challenging the erratum notification dated 16/11/2023. Their challenge was declined. In these original petitions, the challenge is confined to the erratum notification dated 16/11/2023, regarding selection to the post of Associate Professor, on the ground that the qualification prescribed is contrary to the Special Rules.

BRIEF HISTORY OF THE CASE:

2. On 16/08/2023, the PSC issued a notification for the post of Associate Professor in Government Homoeopathic Medical Colleges. The qualification prescribed was in accordance with the Special Rules issued by the Government under the Kerala Public Services Act, 1968. This Special Rule is called the Kerala State Homoeopathic Medical Education (Teaching) Services Special Rules, 2019 (hereinafter referred to as the ‘Special Rules’). The last date for receipt of the applications was 20/09/2023. Thereafter, the PSC issued the erratum notification on 16/11/2023, prescribing qualifications as per the Regulations formulated by the Central Council of Homoeopathy. This Regulation is called the Homoeopathy Central Council (Minimum Standards Requirement of Homoeopathic Colleges and attached Hospitals) Regulations, 2013 (hereinafter referred to as the ‘Council Regulation 2013’). As seen from the impugned order, there was a challenge against the earlier notification dated 16/08/2023, issued by the PSC, which prescribed eligibility criteria in line with the Special Rules, in O.A.(EKM).No.1554/2023. Considering the challenge, on 25/09/2023, the PSC decided to publish an erratum notification prescribing eligibility criteria as referred to in the Council Regulation 2013. In light of the erratum notification, O.A.(EKM) No.1554/2023 was closed vide order dated 03/10/2023 without adjudicating the challenge. Thereafter, the petitioners, who are working as Assistant Professors in the Homoeopathic Department, approached the Tribunal challenging the erratum notification.

3. There exist differences regarding essential qualifications prescribed under the Special Rules and the Council Regulation 2013. These differences can also be highlighted with reference to the original notification and the erratum notification. The original notification prescribes the eligibility criteria outlined in the Special Rules, whereas the Erratum notification prescribes the eligibility criteria outlined in the Council Regulation 2013.

DIFFERENCE RELATED TO ESSENTIAL QUALIFICATIONS:

4. The essential qualifications given in the notification dated 16.08.2023 and erratum notification dated 16.11.2023 are as follows: