IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
NITHYA.V.L – Respondent
OP(KAT) NO. 379 OF 2025 | OP(KAT) NO. 400 OF 2025 | OP(KAT) NO. 429 OF 2025 | OP(KAT) NO. 434 OF 2025 | OP(KAT) NO. 436 OF 2025 | OP(KAT) NO. 439 OF 2025 | OP(KAT) NO. 441 OF 2025 | OP(KAT) NO. 456 OF 2025
| Table of Content |
|---|
| 1. factual basis of the case. (Para 1 , 3) |
| 2. court's interpretation of qualifications and education. (Para 2 , 8 , 9 , 10 , 11 , 12 , 20) |
| 3. arguments on qualifications and certificate equivalency. (Para 5 , 6) |
| 4. legal principle on educational qualifications and equivalence. (Para 14 , 16 , 17 , 18 , 19) |
| 5. conclusion on the rejection of applications. (Para 23) |
COMMON JUDGMENT
Muralee Krishna, J.
These original petitions are filed by the Kerala Public Service Commission (‘KPSC’, for short), invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the common order dated 01.07.2025 passed by the Kerala Administrative Tribunal at Thiruvananthapuram (the ‘Tribunal’, for short) in the respective original applications. The District Officer of KPSC is also one of the petitioners in some of the original petitions, wherever he was a party in the respective original applications. Since the point to be decided in these original petitions is the same, they are heard together and are being disposed of by this common judgment. For convenience of reference, the parties to these original petitions are referred to in this judgment as they were referred by the Tribunal, unless otherwise stated.
2. The point to be decided in these original petitions depends upon the interpretation of the stipulation in the note appended to Clause (7) of the respective notifications dated 31.12.2020 and 30.11.2022 issued by the KPSC inviting applications for the post of Librarian Grade-IV in the Department of Kerala Common Pool Library and in the Department of Kerala Municipal Common Service and also the qualifications prescribed for the said post in the Kerala Common Pool Library Subordinate Service Rules as it stood amended in the year 2009, through the gazette notification dated 09.06.2009.
3. While coming to the facts of these original petitions, the applicants before the Tribunal are candidates possessing a Bachelor's Degree in Library and Information Science (BLISc) obtained through Distance Education Mode from various Universities, like the Institute of Distance Education of the University of Kerala, the Indira Gandhi National Open University (IGNOU), etc. By the notification dated 31.12.2020, the KPSC has invited applications for the selection of Librarian Grade-IV in the Department of Kerala Municipal Common Services. Similarly, by the notification dated 30.11.2022, the KPSC has invited applications for the post of Librarian Grade-IV in the Department of Kerala Common Pool Library. As per the notifications, the stipulated qualifications for direct recruitment are: (i) Bachelor's Degree in any subject and Bachelor's Degree in Library and Information Science, or (ii) SSLC and Diploma in Library Science, or (iii) SSLC and Certificate in Library Science recognised by the Government. As per note (ii) appended to Clause (7) of the notification dated 31.12.2020 and note (1) appended to Clause (7) of notification dated 30.11.2022, it is stipulated that the qualification proposed for direct recruitment shall be one acquired after undergoing a regular course of study from any of the Universities in Kerala or recognised as equivalent thereto by any of the Universities in Kerala.
3.1. The applicants were included in the short list published by the KPSC, drawn on the basis of the written examination conducted. But subsequently, their candidature was rejected through endorsements made in their profile to the effect that they have acquired the required qualification only through distance education. According to the applicants, they have produced equivalency certificates obtained from various Universities in Kerala, certifying that the degree of BLISc obtained through distance education mode is recognised as equivalent to the degree of BLISc offered through regular course in the respective Universities. The applicants further contended that, vide order dated 02.05.2017 bearing G.O.(Ms)No.119/2017/H.Edn, the
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