Higher qualifications in the same field presuppose lower qualifications required for a position, making disqualification based on higher qualifications arbitrary and illegal.

JUDGMENT

Heard Ms Arunaa learned Counsel for the petitioners; Ms Mary Beena Joseph learned Senior Government Pleader for the State; Mr P C Sasidharan learned Standing Counsel for the Kerala Public Service Commission, and Mr P M Johny learned Standing Counsel for the Kerala Water Authority.

Facts

2. The petitioners in the writ petition are candidates who applied for selection and appointment to the post of Surveyor Grade II in the Kerala Water Authority (KWA) in pursuance of the notification issued by the Kerala Public Service Commission (KPSC) dated 30.12.2023. The petitioners are aggrieved by the rejection of the candidature of the petitioners by the Kerala Public Service Commission after they were short listed.

2.1 As per notification dated 30.12.2023 the qualifications for the post of Surveyor Grade II in the Kerala Water Authority, prescribed in column 7, read as follows:

“7. Qualification:

1. Pass in SSLC or its equivalent

2. National Trade Certificate (NTC) awarded by the National Council for Vocational Training in the trade Surveying after the completion of 2 years metric course or its equivalent.

OR (i) Pass in SSLC or its equivalent examination.

(ii) KGTE Certificate in Surveying and Levelling (Higher) or its equivalent, and (a) Pass in Building Drawing and Estimating (Lower)

(b) Mensuration (Lower)

[G.O. (P) No. 1/2023/WRD dated 27.01.2023]

link Equivalent qualification admitted in the previous selection Note:- (1) Rule 10(a)ii of Part II of KS&SSR is applicable.

(2) In addition to the qualification prescribed in this notification, the qualification recognized 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 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. The copy of the Government orders declaring equivalent / higher qualifications shall be produced as and when required by the Commission.”

2.2 The petitioners who have a Diploma in Civil Engineering and B. Tech in Civil Engineering have been disqualified on the grounds that “As per the Judgment of the Hon’ble Supreme Court, Higher Qualifications (B.Tech and Diploma in Civil Engineering) are not eligible for the post of Surveyor”. So your register number is deleted from the Probability list number 111/2024/ERIVB published on 02.12.2024 for the Post of Surveyor Grade II in Kerala Water Authority (Category Number 683/2023). ERIVB Section Ph:04712546-341.”

2.3 The Government, vide Government Order G.O. (Rt) No.57/2023/88 dated 17.01.2023 in Ext.P17, has clarified that ITI qualifications cannot be equated with other degree, diploma, or course certificates, nor can they be considered a higher qualification to ITI qualifications.

2.4 The petitioners challenge Exts.P11 series to the extent that it rejects the application of the petitioners after the shortlist is published and also Ext.P17 Government Order. The petitioners also seek a declaration to the effect that a Diploma in Civil Engineering and B. Tech in Civil Engineering presupposes the acquisition of a lower qualification prescribed in paragraph 7(2) of the notification dated 30.12.2023.

Petitioners’ submission

3. The learned Counsel for the petitioners submits that a committee was constituted by including experts from each Branch to assess the equivalency and higher qualification to various courses conducted by the Department of Technical Education and the NTC/KGCE/NCVT/THSLC courses. Based on their recommendation, a report was prepared by the State Institute of Technical Teachers’ Training and Research (SITTTR). The expert opinion in Ext.P12 would suggest that the Diploma in Civil Engineering is a higher qualification to ITI in Surveyor Trade and KGCE Civil Engineering. SITTTR is an institution that revises the curriculum of exis