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1997 DIGILAW 354 (KER)

P. S. Latha v. P. S. Latha

1997-09-09

K.S.RADHAKRISHNAN

body1997
JUDGMENT : K.S. Radhakrishnan, J. Public Service Commission issued a notification in the Gazette, dated 13th August 1996 inviting applications for appointment to the post of Binder Gr. II in the Government Presses of the Printing Department. Qualifications prescribed for the post were as follows: (1) Must have completed the S.S.L.C. Course or its equivalent and (2) must have passed K.G.T.E. or M.G.T.E. in Book Binding (Lower). On the basis of the above-mentioned notification several persons applied including the Petitioners herein. Petitioners possess S.S.L.C. and Diploma in Printing Technology. They have not passed K.G.T.E. or M.G.T.E. in Book Binding (Lower). 2. Petitioners applications were rejected by the Public Service Commission on the ground that they do not possess K.G.T.E. or M.G.T.E. in Book Binding (Lower) which are the essential qualification prescribed in the notification. According to the Petitioner since they have passed Diploma in Printing Technology they should be treated as qualified for applying for the post of Binder Gr. II. It is their case Diploma Course is three year course and all the subjects for K.G.T.E. and M.G.T.E. in Book Binding (Lower) have been included in the three year Diploma Course. Relying on the Special Rules for the Kerala Government Presses Subordinate Service Petitioners submitted that for promotion to the post of Assistant Foreman (Binding) the qualifications prescribed are: (i) pass in S.S.L.C. or equivalent qualification and (ii) pass in K.G.T.E. or M.G.T.E. in Book Binding (Higher). It is further provided in the Special Rules in the absence of qualified hands for promotion, direct recruitment to the post of Assistant Foreman (Binding) could be resorted to for which the qualification prescribed are pass in S.S.L.C. or equivalent qualification and Diploma in Printing Technology of a recognised institution. According to them, the Diploma in Printing Technology is also considered as equivalent qualification for K.G.T.E. or M.G.T.E. in Book Binding (Lower). It is also stated for appointment to the post of Junior Foreman (Binding) which is a promotion post of Assistant Foreman (Binding) a ratio of 1:1 is prescribed for Diploma Holders and those who have passed K.G.T.E. or M.G.T.E. in Book Binding (Higher), Composing (Lower) and Machine Work (Lower). It is their case Diploma in Printing Technology is considered as better qualification than K.G.T.E. or M.G.T.E. in Book Binding (Lower) and (Higher) for discharging the duties of Binder Gr. II, Binder Gr. I, Asst. Foreman (Binding), Junior Foreman (Binding) etc. It is their case Diploma in Printing Technology is considered as better qualification than K.G.T.E. or M.G.T.E. in Book Binding (Lower) and (Higher) for discharging the duties of Binder Gr. II, Binder Gr. I, Asst. Foreman (Binding), Junior Foreman (Binding) etc. 3. The qualification under Special Rules for the Kerala Government Presses Subordinate Service prescribed for the post of Binder Gr. II is the one notified in Ext. P-1 notification. Special Rules as well as the notification issued by the P.S.C. prescribe applicants must have completed S.S.L.C. Course or its equivalent and must have passed K.G.T.E. or M.G.T.E. in Book Binding (Lower). Qualification prescribed in the Special Rules as well as the notification is specific. 4. Admittedly going by the Special Rules as well as going by Ext. P-1 notification Petitioners do not possess the prescribed qualification. They are having Diploma in Printing Technology which is not prescribed qualification either in the Special Rules or in the Gazette Notification. Rule 13 of the State and Subordinate Service Rules prescribes that no person shall be eligible to appoint to any service unless he possessed such special qualification as has been prescribed in that behalf in the Special Rules or possessed such other qualification as may be considered to be equivalent to the said special qualification by the Commission in cases where the appointment has to be made in consultation with the Commission. 5. While the Special Rules and the Notification specified the qualification the Commission and the Government is not justified in searching for equivalent qualification later stage which would only lead to chaos and confusion in the matter of selection. When Special Rules are framed and notifications are issued by a constitutional body like Public Service Commission it should be taken that they have considered all relevant aspects including qualification for the post notified. In the absence of specifying equivalent qualification or in the absence of any minimum qualification as prescribed in the notification there is no justification in making a search for the applicants who are not possessed equivalent qualification. There is no question of further making a search or endeavour to find out who are all the candidates who have equivalent qualification. Since qualifications are specific and clear all those persons who got equivalent qualification might not have applied. There is no question of further making a search or endeavour to find out who are all the candidates who have equivalent qualification. Since qualifications are specific and clear all those persons who got equivalent qualification might not have applied. In other words, when the notification is clear and specific there is no power on the Public Service Commission to entertain applicants stated to be equivalent to the one qualification notified. The same issue came up for consideration before this Court in Sobha Menon v. Public Service Commission 1994 (1) KLT 986. This Court took the view if the notification itself does not indicate that equivalent qualifications would also be considered there is no question of exercising the power under Rule 13(b)(i) of K.S. and S.S.R. This Court also considered the issue in Jayanthi v. Public Service Commission 1996 (2) KLT S.N. 72 wherein this Court held it cannot be said that higher qualification possessed by the Petitioners will be an adequate substitute for the minimum qualification prescribed by the Public Service Commission. 6. I am of the view only if the notification prescribes the minimum qualification the question of entertaining applications having higher qualification could be considered. However, in the instant case the qualification is clear and specific. I am therefore of the view Petitioners are not justified in contending that Public Service Commission ought to have entertained their application since they are having Diploma in Printing Technology, a higher qualification. Under such circumstance Original Petitions lack merits and the same are dismissed.