CASE NAME-JOMON K.K V/S SHAJIMON & ORS. ETC.
CASE NUMBER- SPECIAL LEAVE PETITION (C) NOS.7930-7931 OF 2020
DATE-15/12/2023
QUORUM – HONBLE MS. JUSTICE HIMA KHOLI, HONBLE MS. JUSTICE AHSANDDIN AMANULLAH.
FACTS OF THE CASE
Kerela Public Service Commission (KPSC) advertised on 17th October 2012 inviting application for the post of “BOAT LASCAR”, under Kerela State Water Transport department. The method of appointment was through direct recruitment and by qualification stipulated as: –
- Literacy in Malayalam, Tamil, or Kannada.
- Possession of a current learner’s licence.
As per Special Rules of 1975, Kerala state water transport subordinate service has 3 classes of officers: –
- Class 1, which further has 2 categories.
- Classes 2&3, which further have 3 categories.
Class 3 categories are: –
Syrang – category 1
Driver – Category 2
Lascar – category 3
Syrang was appointed by either of ways –
- Recruitment of new candidates that is direct recruitment.
- Existing employees getting promotions from lascars.
However, lascar was appointed only by direct recruitment. For the post of syrang individual must possess a current syrang license, and for lascar must possess a current lascar license. The license reflects the competency as mentioned in chapter -3 of the Kerala Inland Vessel Rules 2010. The person aspiring for a syrang license must be tenth pass and person aspiring for lascar’s license must be 8th pass. A formal communication was made through a letter dated 9th of October 2012, which says that the syrang, master, and driver certificate issued by the chief examiner under KIV rules 2010 is a certificate superior to Lascar’s certificate. Hence, those who possess the Syrang master and driver certificate will be proficient in Lascar work. So, the syrang and master certificate can be considered more than equalent to lascar certificate and persons holding it are eligible for job of lascar. The people believe that possessing Syrang’s license made them eligible to apply for lascar. The appellant applied and performed well and grabbed the Rank – 1 position in the rank list for the ox category. As a result, the Kerala Public Service Commission sent him a letter informing him about the next step. He was appointed as a boat lascar in a specific government department. He was appointed under the backward class turned category, which means he was chosen on his eligibility under the reservation system. While the appellant was waiting for his appointment, a legal issue arose and was filed before the Kerala Administrative Tribunal under sec. 19 of the Administrative Tribunal Act, which resulted in the appellant’s appointment being on hold until the legal matter was resolved.
ISSUE
- Does overqualification disqualify a person who requires basic qualifications?
- Is the restructuring of the rank list for removing ineligible candidates a violation of any right?
- Can the person not holding a Lascar licence but was holding a Syrang licence be appointed as a boat lascar?
LEGAL PROVISIONS
- Special rules,1975 for Kerala state water transport subordinate services.
- Kerala inland vessels rules, 2010.
- Section 19 of Administrative Tribunals Act,1985.
ARGUMENTS
Appellant contentions:
The senior counsel for the appellant contended that he did figure in the rank list, but the appointment was not implemented. He says that the candidate having a higher degree in a subject prescribed cannot be disqualified by reason of possessing a higher degree.
Defendant contentions:
The learned counsel of KPSC contended that the appellant had Syrang’s license and was considered for selection because of a letter dated 9th October 2012. However, the candidate not possessing a current Lascar’s license cannot be considered for the selection and directed KPSC to recast the rank list. The same was duly complied which resulted in the cancellation of the appellant’s appointment.
ANALYSIS
The core issue was that the current Lascar’s license was required for the post of lascar. The appellant had Syrangs’s license and not Lascar’s license, so he was overqualified for the post. The court stated that statutory qualifications cannot be diluted, and overqualified candidates are allowed to compete for lower posts, but statutory qualifications are to be complied mandatorily. The appellant believed that if he was receiving the syrangs post, then it would be like a feeder post so he could grab the post of Lascar later. But later he was fired from the job as he was lack of the lascar’s license. Later, he challenged this in a tribunal, but the decision was against and even in the high court, his petition was disqualified.
JUDGEMENT
The SC upheld the decision of the lower court and held that an overqualified candidate is not subject to disqualification, but the basic qualification for the post must be preferred over the overqualification. All the appeals were stood disposed of by the honourable court, and all the matters connected were disposed of.
CONCLUSION
SC dismissed the appellant’s contentions and affirmed that adherence to the statutory prescribed qualification is essential in public employment, and higher qualification does not automatically make them entitled to the post.
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WRITTEN BY PALAK CHAUHAN
