Counsel for the Petitioners in WP(C) NO. 19463 OF 2023: Advocates Kaleeswaram Raj, Thulasi K. Raj, Aparna Narayan Menon, Chinnu Maria Antony
Counsel for the Petitioners in WP(C) NO. 23679 OF 2023: Advocates P. Nandakumar, Amrutha Sanjeev, Vivek Vijayakumar, Riya Tomy, Indu C. Sreekumar
CORAM :Justice Raja Vijaya Raghavan
Introduction
The petitioners in the abovementioned writ petition were affronted by the addition of candidates who lacked the invited qualifications but had higher qualifications as per the notification legally and publically issued by LDC, In the Rank list published by the Public Service Commission (PSC).
.it is imperative to recognize that the Public Service Commission, having steadfastly maintained a particular stance in the earlier proceedings and vigorously objected to the acceptance of candidates with advanced qualifications, cannot justifiably alter its stance by subsequently admitting individuals with higher qualifications. Such a reversal of position, if sanctioned, holds the potential to reopen previously concluded judgments of the Court. This not only raises concerns regarding the abuse of the judicial process but also carries significant ramifications for the overall administration of justice.
the Single Judge Bench of Justice Raja Vijayaraghavan V. observed.
Facts of the case
An Inviting application for the post of LDC has been issued by Kerala Water Authority by listing the following qualifications,
Degree in any discipline
Certificate in Data Entry and Office Automation of minimum 3 months (120 hrs) duration awarded by Lal Bahadur Sasthri Centre for Science and Technology (LBS), Institute of Human Resource Development (IHRD) or from a similar/equivalent institution approved by the Government.
A petitioner based on this had needed qualification to apply for the post it is pointed out that one of the parents approached the court asserting that a Degree/Diploma in computer application is a higher qualification for the post of LDC and he is a well-deserving candidate for the post. Another Single Judge disposed the matter holding that candidates with higher qualifications would also be eligible for the post of LDC
The appeal against the afore finding by the Single Judge was sustained by the Division Bench. Subsequently, the PSC issued the rank list including the names of candidates unqualified candidates holding qualifications other than what had been prescribed in the notification. It is thus challenging the same that the present writ petitions were filed.
It was submitted that if the higher qualification is in the same faculty, it would presuppose the acquisition of a lower qualification for the post and that inclusion of higher qualifications is permissible as per Rule 10 (a) (ii) of Part II KS & SSR Rules.
Findings of the Court
The ranked list produced as Ext.P6 in W.P(C) No.19463 of 2023 to the extent it includes candidates holding higher qualifications like Diploma in Computer Application (DCA) and such other qualifications deviating from the prescribed qualifications is quashed.
It is held that only candidates who have the prescribed qualifications as notified are entitled to be advised and appointed to the post of LDC in the Water Authority
There will be a direction to the Kerala Public Service Commission to recast and rework the ranked list by excluding candidates who are not qualified and publish a modified ranked list for the post of LD Clerk in the Kerala Water Authority
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Written by
Kaulav Roy Chowdhury
