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2025 Supreme(Online)(SC) 9894

SUPREME COURT OF INDIA
SANJAY KAROL, NONGMEIKAPAM KOTISWAR SINGH, JJ
SHIBU TA & ORS. – Appellant
Versus
STATE OF KERALA & ORS. – Respondent
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39763/2025 | Diary No(s). 48988/2025 | Diary No(s). 47358/2025 | Diary No(s). 49808/2025 | Diary No(s). 50864/2025 | Diary No(s). 48607/2025



Advocates:
For the Appellants/Petitioners: Raghenth Basant, Hima Bhardwaj, Kaushitaki Sharma
For the Respondents: Vishnu P.

Equivalence principle in qualification leads to exclusion from merit list despite meeting standards.

Headnote:Clause- 7 of the Advertisement dated 28.01.2015 regarding qualifications was discussed. The petitioners argued that candidates not meeting the qualifications should not have been included in the merit list, while they were excluded despite meeting the standards. The Court condoned the delay in filing and issued notice returnable on 21.11.2025 requiring the respondents to file counter affidavits and replies to any interlocutory applications. The petitioners also received permission for dasti service.

Table of Content
1. discussion of qualifications and merit list status (Para 1 , 2)
2. court's procedural decisions regarding the notice and service (Para 3 , 4 , 5 , 6)

UPON hearing the counsel the Court made the following

O R D E R

Diary No(s). 39763/2025, Diary No(s). 48988/2025, Diary No(s). 47358/2025, Diary No(s). 49808/2025, Diary No(s). 50864/2025 and Diary No(s). 48607/2025

1. Learned senior counsel appearing for the petitioners invites Court’s attention to Clause- 7 of the Advertisement dated 28.01.2015 (Page No-69), which is extracted as under:

“7. Qualifications:

1. S.S.L.C.

2. Sanitary Inspectors' Certificate of Bomby or Madras.

OR Health Inspectors' Certificate of Trivandrum Medical College.

OR Sanitary Inspectors' Certificate of All India Institute of Local Self Government Bombay.

OR The Certificate in Sanitary Inspectors' Course awarded by the National Council for Rural Higher Education.

OR Sanitary Inspectors' Training Course conducted by the Rural Institute, Thavannur.

Note: - KS&SSR Part II Rule (a)(ii) is applicable for selection to this post.”

2. He submits that such of those candidates who were not possessing the same, only by applying the principle of equivalence, have been included in the merit list. Where as, the instant petitioners, who possessed the same, stands excluded in the merit list.

3. Delay condoned.

4. Issue notice, returnable on 21.11.2025.

5. In the notice itself let it be mentioned that respondents are required to file their counter affidavit and reply to the interlocutory application(s), if any, before the next date of hearing.

6. Liberty is granted to serve notice through the Standing Counsel representing the State of Kerala.

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