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2024 Supreme(Online)(KER) 23939
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
SANJAI A.T, – Appellant
Versus
STATE OF KERALA, – Respondent
OP(KAT) 455/2023
The government can declare qualifications equivalent post-application deadline, allowing candidates to be included in rank lists if the notification permits such equivalency applications.
Headnote:(A) KS&SSR Part II Rule 10(a)(ii) - Equivalency of qualifications - The court examined the legality of including candidates with qualifications declared equivalent by the government after the application deadline, emphasizing the significance of the last date for application as a fair opportunity for candidates. (Paras 2, 5, 10, 11)
(B) Inclusion of candidates - The court held that candidates who believe their qualifications are equivalent may apply, and government declarations of equivalency post-application deadline do not negate their inclusion if the notification allows for such consideration. (Paras 8, 11)
Facts of the case:
Candidates challenged the inclusion of individuals with qualifications declared equivalent by the government after the application deadline for the post of Junior Health Inspector.
Findings of Court:
The court upheld the inclusion of candidates with NCVT and SCVT qualifications in the rank list, ruling that the government’s later equivalency declarations did not violate the law.
Issues: The main issues were whether the government could declare qualifications equivalent after the application deadline and the implications for candidates who applied without the specified qualifications.
Ratio Decidendi: The court concluded that the government’s authority to declare equivalency under Rule 10(a)(ii) allows for inclusion of candidates based on subsequent declarations, provided the original notification permits such applications.
Result: All original petitions are dismissed.
JUDGMENT
A.Muhamed Mustaque, J.
In this batch of original petitions, we have to decide on a question that frequently arises before this court as to the legality of the executive orders of the Government declaring a qualification as an equivalent qualification specified for a post after the last date of receipt of application under the notification.
2. These original petitions are filed by candidates who are included in the rank list for the post of Junior Health Inspector Grade-II in Palakkad District. They applied pursuant to a notification dated 26/12/2014 issued by the Kerala Public Service Commission (KPSC). They want to exclude candidates who have applied for the post without qualifications mentioned specifically in the notification. We are not referring to the facts in detail as we are only now deciding a few questions of law in this matter. The precise challenge in this case is regarding the inclusion of the candidates in select list pursuant to the government orders much long after a cut-off date for receipt of last date of application and also after the expiry of rank list declaring equivalency of qualification possessed by such candidates who have been now advised for appointment.
3. The prescribed qualification by KPSC is as follows:
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 Goverament Bombay OR The certificate in 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.
(emphasis supplied)
4. Under Rule 10(a)(ii) of Part II, KS&SSR, the Government has power to declare a qualification as equivalent to a qualification specified for a post in a Special Rule or in an executive order. It is appropriate to refer to Rule 10.
10. Qualifications. [(a) (i) The educational or other qualifications, if any, required for a post shall be as specified in the Special Rules applicable to the service in which that post is included or as specified in the executive orders of Government in cases where Special Rules have not been issued for the post/service.
(ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13 (b) (i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post.
5. In these cases, inclusion of candidates who have obtained trade certificates from the National Council for Vocational Training (NCVT) under Government of India and State Council for Vocational Training (SCVT) under the State Government are under challenge. The Government issued these orders admittedly after the last date of receipt of application. Last date of receipt of application was on 28/1/2015. The Government on 5/7/2018 issued an executive order holding that the Health Sanitary Inspector Course Certificate issued by the State Council for vocational training is equivalent to the qualification required for the post of Junior Health Inspector in Municipal Common Service. This decision was taken pursuant to the direction issued by the Kerala Administrative Tribunal by its order in O.A.No.2654/2016 dated 16/8/2022. Rank list pursuant to the notification was published on 11/2/2020 and it already expired.
6. Thereafter, on 17/2/2023, the Government issued yet another executive order declaring that NCVT Trade Certificate is equivalent to the qualification prescribed for appointment to the post of J
