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HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
MUHAMMED NAEEM.V.T, – Appellant
Versus
STATE OF KERALA, – Respondent
WA 370 2023
Qualification - Meter Reader Employment - High Court Act, 1958, KS&SSR Rule 10 - The court interpreted qualifications required for Meter Reader positions, determining NTC not a lower qualification to Engineering degrees, and ruled qualifications must strictly adhere to the notification requirements.
Fact of the Case:
The petitioners, applicants for a Meter Reader position, contested the inclusion of ineligible candidates in the rank list published by the Public Service Commission, arguing that only candidates with specific qualifications should be considered.
Finding of the Court:
The court dismissed the appeals, adhering to the view that Engineering degrees do not automatically confer eligibility if specified qualifications are not met, emphasizing strict compliance with the notification criteria.
Issues: Whether NTC is a lower qualification than a degree or diploma in Engineering, and whether the higher qualifications presuppose the acquisition of NTC as required in the job notification.
Ratio Decidendi: Engineering qualifications do not inherently satisfy the requirements set forth in the job notification, thus candidates lacking the specified qualifications cannot be considered eligible.
Final Decision: The court declared that Engineering degree or diploma holders without NTC are ineligible for inclusion in the rank list.
J U D G M E N T
C . S. Sudha , J.
These intra court appeals under Section 5 of the High Court Act,1958 have been filed by the petitioners in W.P.(C). No.8870/2021 and W.P.(C). No.3383/2022 aggrieved by the common judgment dated 07/12/2022 by which the writ petitions have been dismissed. The respondents herein are the respondents in the writ petitions.
2. The petitioners in W.P.(C). No.8870/2021 are applicants to the post of Meter Reader/Spot Biller in the Kerala State Electricity Board, that is, the third respondent (KSEB) pursuant to Ext.P2 notification published by the second respondent, Public Service Commission (PSC). The petitioners have acquired the National Trade Certificate (NTC) in Electrician/ Wiremen/Electronic Trade after undergoing a regular course of study. The certificate course is qualitatively and functionally different from that of diploma or degree course in engineering. As such diploma or degree course cannot be treated as a higher qualification to the ITI course. Apprehending that ineligible candidates are likely to be included in the rank list, the petitioners filed W.P.(C)No.38864/2017. The said writ petition was disposed of by Ext.P7 judgment dated 04/02/2021 in which this Court expressed the hope that PSC would be careful enough to ensure that only those candidates who are eligible as per the notified educational and other qualification would be included in the final rank list. Thereafter, Ext.P8 rank list dated 19/03/2021 was published by the PSC in which the names of ineligible candidates also find a place. Candidates with degree and diploma in Electrical and Electronics are seen included in the rank list. Because of the inclusion of ineligible persons in the rank list, the first petitioner has not been included in the rank list and the second petitioner who would have been placed in the main list has been placed in the supplementary list of Muslims. Hence the writ petition to declare that “Engineering Degree Holders and Diploma Holders” without having “National Trade Certificate (NTC)” in Electrician or Wiremen or Electronics Trade as specified in Ext.P2 notification are ineligible to be included in Ext.P8 rank list; to declare that Rule 10(a)(ii) of Part II KS&SSR is not applicable to the technical qualification prescribed in Ext.P2 notification and to declare that any decision or order, if any of the PSC to include degree and diploma holders who do not have the qualification as specified in Ext.P2 notification for the post of Meter Reader to be illegal, arbitrary and unreasonable.
3. While the aforesaid writ petition was pending, the Government issued Ext.P11 notification dated 21/01/2022 wherein it has been stated that Electrical and Electronic diploma course conducted by the Kerala State Board of Technical Education is a higher qualification of the Kerala Government/Certificate Examination (KGCE) in Electrical Engineering. Hence, the petitioners moved W.P.(C)No.3383/2022 contending that Ext.P11 has been issued by the Government without noticing the fact that the issue regarding qualification is pending in W.P(C). No.8870/2021 and that Ext.P10 interim order is in force. A reading of Ext.P11 would make it clear that none of the relevant aspects were considered by the Government before issuing Ext.P11 order. The said order does not have any retrospective effect and it would not in any way affect Ext.P2 notification published on 28/01/2015 and the rank list dated 19/03/2021. Degree or diploma was never treated as a higher qualification of NTC. The PSC does not have the power to declare it so in the light of the decision inSuma A. v. Kerala Public Service Commission,2011 (1) KHC 16. Though Ext.P11 will not have any retrospective effect, the petitioners are challenging the same by way of abundant caution. The qualification now declared as a higher qualification as per Ext.P11 is not a qualification notified in Ext.P2. B.Tech degree and diploma cannot be taken as a higher qualification as the same is not
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