IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
NITHEESH KRISHNAN M.C – Appellant
Versus
STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE – Respondent
OP(KAT) NO. 488 OF 2025
| Table of Content |
|---|
| 1. petitioners challenged changes to qualification criteria. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding legality of the amended qualifications. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's rationale on supervisory jurisdiction and qualifications. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. court dismissed the petition, affirming tribunal's decision. (Para 23) |
JUDGMENT
Muralee Krishna, J.
The applicants No.4 and 6 in O.A.(EKM)No.1757 of 2022 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the ‘Tribunal’ in short), filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging Ext.P9 order dated 21.10.2025 in that original application and also Ext.P11 order dated 02.12.2025 in R.A.(EKM) No.30 of 2025, passed by the Tribunal.
2. The petitioners, along with respondents 33 to 36, filed O.A.(EKM) No.1757 of 2022 before the Tribunal, under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:
“i. Set aside Annexure A4 as unjust, illegal and arbitrary.
ii.Declare that educational qualification of Field Worker stipulated in the Special Rules for the Kerala Last Grade Service, 1966, i.e. “Should have passed standard VII and should not have acquired Graduation” would not apply to the selection process pursuant to Annexure A1.
iii. To set aside the Special Rules for the Kerala Last Grade Service, 1966 and Annexure A5 to the extent to which it imposed the qualification “Should have passed standard VII and should not have acquired Graduation” with respect to field worker in Department of Health Service.
iv. Declare that the applicants are eligible to be included in the shortlist as well as ranked lists pursuant to Annexure A1.
v. Direct the respondents 4 to 8 to continue the selection process as per the qualification stipulated in Annexure A1 and to include the applicants in the shortlist and ranked list to be published on the basis of their merit.
vi. Direct the respondents 4 to 8 to issue advice in favour of the applicants and the respondents 1 to 3 and 9,10 to appoint the applicants as Field Worker under the 2nd respondent in Malappuram, Thrissur and Ernakulam districts respectively”.
3. According to the petitioners and their co-applicants, they are the candidates who applied for the post of Field Worker in the Health Services Department, pursuant to Annexure A1 notification dated 31.12.2019 issued by the 5th respondent Secretary, Kerala Public Service Commission (‘KPSC’ for short). The selection was district-wise. Respondents 33 to 35 applied in Malappuram district, 1st petitioner and respondent No.36 applied in Thrissur district, and the 2nd petitioner applied in Ernakulam district. As per Annexure A1 notification, the qualification for the post is that the candidate must have studied up to VIIIth standard or it’s equivalent. After the completion of preliminary and main examinations, the KPSC issued Annexure A4 erratum notification dated 12.10.2022, amending the qualification prescribed in Annexure A1, by changing the qualification as the candidate should have passed VIIth standard and should not have acquired graduation. Being aggrieved by the aforesaid erratum notification, the petitioners, along with respondents 33 to 36 filed the original application as mentioned above.
4. In the original application, on behalf of respondents 4 to 8, a reply statement dated 11.04.2023 was filed, opposing the reliefs sought by the petitioners and the other applicants therein. To that reply statement, the applicants in the O.A. filed a rejoinder dated 15.06.2023, producing therewith Annexure A7 document. On behalf of the 1st respondent also a reply statement dated 19.08.2023 was filed in the original application, producing therewith Annexure R1(a) and R1(b) documents. Thereafter, the Tribunal considered the original application along with O.A.(EKM) Nos.1785 of 2022 and 331 of 2025
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