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HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
THE KERALA PUBLIC SERVICE COMMISSION
– Appellant
Versus
JESLIN JOSEPH – Respondent
OP(KAT) 59 2022
Eligibility - Optometrist Grade II - Kerala State and Subordinate Service Rules - Rule 10(a)(ii) - The court upheld the Tribunal’s finding that BSc Optometry is a higher qualification applicable for selection, confirming that the PSC's rejection based on document demands was unjustified.
Fact of the Case:
The Kerala Public Service Commission rejected applications for the Optometrist Grade II post due to insufficient documentation regarding BSc Optometry qualifications acquired by the applicants from recognized universities. The applicants contested this decision before the Kerala Administrative Tribunal.
Finding of the Court:
The Tribunal determined that BSc Optometry is indeed a superior qualification as per the relevant rules, deeming the rejection by the PSC to be illegal as the applicants had provided sufficient evidence of their qualifications and did not need additional government orders for recognition.
Issues: Whether the PSC's rejection of the applicants for the Optometrist Grade II position based on documentary evidence and classification of qualifications was legally sound.
Ratio Decidendi: The court held that the PSC incorrectly required additional government orders to validate the BSc Optometry qualifications when all applicants had obtained their degrees through regular courses recognized by UGC, higher than the required Diploma in Ophthalmic Assistant.
Final Decision: The original petitions 59 and 77 of 2022 are dismissed; the petitions 64 and 212 of 2022 are allowed.
JUDGMENT
Mohammed Nias.C.P., J.
The Kerala Public Service Commission (PSC) is aggrieved by the order in OA Nos.206/2021, 240 of 2021, 147 of 2021 and 202 of 2021 of the Kerala Administrative Tribunal, Ernakulam Bench, whereby, the original applications preferred by the party respondents were allowed holding them to be eligible to apply for the post of Optometrist Grade II in the Health Services Department pursuant to the notification dated 14.11.2018 as category No.217/2018.
2. The short facts leading to the original petitions are as follows:-
The Kerala Public Service Commission ('PSC' for short) invited applications from the qualified candidates for appointment to the post of Optometrist Grade II in the Health Services Department prescribing the following qualifications:
“Qualifications (1) Pass in Pre-degree with Physics, Chemistry and Biology OR Physics, Chemistry and Mathematics as optional subjects or equivalent qualification (2) Diploma in Ophthalmic Assistant Course (2 years) conducted by the Medical Colleges in Kerala or equivalent qualification.”
3. The party respondents/applicants before the Tribunal were graduates in BSc Optometry Course from the Universities recognised by the University Grants Commission (UGC). The PSC issued a communication dated 22.12.2020 to the applicants requiring them to upload the TC/Course Certificate from the institutions in which they underwent the BSc Optometry course within five days and also to get the same verified from the local office of the PSC. It further stipulated that in case the BSc Optometry Course was undertaken under the Distance Education Scheme, then the Government Order enabling the acceptability/equivalence of the course was also to be produced. The PSC thereafter finding that the documents requested for by them were not produced, rejected the applications on three grounds namely that the documents sought for by them were not produced, the internship of the BSc Optometry Course was not completed before the last date of the application and thirdly the BSc Optometry Course undergone under the Open/Distance Education Course was not acceptable and consequently rejected the applications of those included in the ranked list for selection. The orders of rejection were challenged before the Tribunal by the applicants contending that they had the requisite qualification of BSc Optometry which is a higher/superior qualification to that of Diploma in Ophthalmic Assistant Course. They had applied for the post and took the written test and were included in the probability list. It is after their inclusion in the probability list that they were asked to upload the certificates, which they did through their profile for one time verification of the documents as mentioned above. During the pendency of the original applications, the PSC had brought into force the ranked list for the post of Optometrist Grade II with effect from 29.4.2021.
4. The petitioner - PSC contended before the Tribunal that the applicants did not upload the certificates sought for by them to prove that the qualification possessed by them and that it was one acquired through a regular course of study, or through the Distance/Correspondence/Open Course. It is further contended by the petitioners that as per Rule 10(1)(ii) of the Part II KS & SSR, it had decided to accept the BSc Optometry decree course obtained through the regular course of study as higher qualification. It is also their contention that TC/ Course certificate produced by the applicants did not make it clear whether the course they undertook was part of a regular study as practical and internship was integral part of the course. For these reasons the rejections the rejection of the applications were sought to be sustained.
5. The applicants had filed a rejoinder to the reply statement reiterating that they were fully qualified and that all of them had undergone regular course of study from the Universities recognised by the UGC. The Tribunal after considerin
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