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2025 Supreme(KER) 880

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Muhamed Mustaque, P. Krishna Kumar, JJ.
Shibu T A and ors. – Petitioners
Versus
State of Kerala, Represented By Secretary, Local Self Government and ors. – Respondents
OP(KAT) No. 275 of 2022, OP(KAT) No. 84 of 2023, OP(KAT) No. 110 of 2023, OP(KAT) No. 165 of 2023, OP(KAT) No. 329 of 2023, OP(KAT) No. 464 of 2023 OP(KAT) No. 449 of 2022
Decided On : 07-02-2025

Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. V.VISAL AJAYAN S.SREEKUMAR (SR.)(S-571)
For the Respondent: BY ADVS. ROSHEN D. ALEXANDER D K.P.PRADEEP DR VINU SASIDHARAN TINA ALEX THOMAS(K/000532/2004) HARIMOHAN(K/000327/2018) KOCHURANI JAMES(K/003502/2022) SANAND RAMAKRISHNAN(K/2871/1999) HAREESH M.R.(K/1650/1999) T.T.BIJU(K/878/2003) T.THASMI(K/934/2010) M.J.ANOOPA(K/968/2013) SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER

The court upheld the validity of identical qualifications for candidates applying for Junior Health Inspector Grade-II, dismissing challenges based on the origin of diploma certificates.

Headnote:

(A) Kerala Public Service Commission Act - Qualifications for Junior Health Inspector Grade-II - The petitioners challenged the inclusion of candidates with a Sanitary Inspectors’ Diploma from a recognized institution in the ranked list for Junior Health Inspector Grade-II, asserting that such candidates were not qualified. The court found that the qualifications prescribed included the Sanitary Inspectors’ Diploma from the All India Institute of Local Self-Government, and that the certificates held by both petitioners and respondents were identical, thus dismissing the challenge. (Paras 1-3)

(B) Eligibility Criteria - The court emphasized that the minimum qualification of SSLC does not preclude the validity of diplomas from recognized institutions, and that all candidates with identical qualifications should be treated equally. (Paras 2-3)

Facts of the case:
The original petitions were filed by unsuccessful applicants challenging the inclusion of candidates with a Sanitary Inspectors’ Diploma in the ranked list for Junior Health Inspector Grade-II, arguing that the minimum eligibility was not met.

Findings of Court:
The court found that the qualifications were valid and identical for all candidates involved, leading to the dismissal of the petitions.

Issues: The main issue was whether the certificates from the All India Institute of Local Self-Government were valid for the post of Junior Health Inspector Grade-II.

Ratio Decidendi: The court ruled that the qualifications prescribed by the PSC were met by all candidates, and the identical nature of the certificates invalidated the petitioners' claims.

Result: Original petitions dismissed.

JUDGMENT :

(A. Muhamed Mustaque, J.)

These original petitions were filed by unsuccessful applicants before the Tribunal. The petitioners in the original petitions approached the Tribunal by different applications. They challenge inclusion of candidates, possessing a certificate of Sanitary Inspectors’ Diploma issued by the All India Institute of Local Self- Government (Govt. Recognised Educational Institution), in the ranked list published by the Kerala Public Service Commission (PSC) for the post of Junior Health Inspector Grade-II. They contend that the minimum eligibility for the course is Higher Secondary, and that candidates who obtained their diploma certificates from recognised institutes under the All India Institute of Local Self Government are not qualified to apply for the post of Junior Health Inspector Grade- II.

2. These matters came before the Tribunal in a separate challenge regarding a notification issued by PSC in the year 2014 and 2015. The prescribed qualifications for the post of Junior Health Inspector Grade-II are as follows:

“7. Qualifications :-

1. S.S.L.C.

2. Sanitary Inspectors’ Certificate of Bombay or Madras.

OR Health Inspectors’ Certificate of Trivandrum Medical College.

OR Sanitary Inspectors’ Certificate of All India Institute of Local Self Government, Bombay. OR

The certificate in the Sanitary Inspectors Course awarded by the National Council for Rural Higher Education. OR Sanitary Inspectors’ Training Course conducted by the Rural Institute, Thavannur.

Note:- KS&SSR Part II Rule 10 (a) (ii) is applicable for selection to this post.”

3. Recruitment to the post of Junior Health Inspector Grade-II is district wise. As seen from the above prescription, a Sanitary Inspectors’ Diploma certificate issued by the All India Institute of Local Self-Government, Bombay is a prescribed qualification. SSLC is only a minimum qualification as seen from the Government Order, G.O(Ms.) 246/72/LASWD dated 16/10/1972. The question is whether certificates issued by institutions recognised by the All India Institute of Local Self Government for candidates who have completed the course at recognised regional centres are valid. It is to be noted that the certificates in question are issued by the same institute. Both the petitioners and the respondents possess identical certificates. Certificates cannot be distinguished merely for the reason that some candidates have undergone the course at the regional centres. Annexures A16 and A17 clarify that the course is offered through regional centres in various cities across the country, but this does not imply that the certificates are issued by a different authority. The certificates held by the petitioners and those by the candidates they seek to exclude are identical. In the light of the fact that they possess notified qualifications, the challenge must fail. The original petitions stand dismissed.

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