JUDGMENT : CHITAMBARESH, J. 1. The technical qualification prescribed in Annexure A3 notification published by the Kerala Public Service Commission (PSC) for recruitment to the post of Junior Public Health Nurse Grade II is as follows: “2. Technical: Auxiliary Nurse Midwifery Certificate (Revised Course of 18 months duration), issued by Kerala Nurses and Midwives Council OR Auxiliary Nurse Midwifery Certificate/Auxiliary Nurse Midwifery Certificate (Revised Course) issued by an Authority recognized by the Indian Nursing Council OR Health Workers Training Certificate issued by the Kerala Nurses and Midwives Council.” The respondent has obtained a Diploma in General Nursing and Midwifery after undergoing a course of training and passing the Examination for General Nursing and Midwifery conducted by the Government of Andhra Pradesh. 2. The refusal of the PSC to include the respondent in the shortlist on the ground of lack of qualification resulted in the filing of O.A.No.617/2015 wherein she was provisionally permitted to participate in the interview. The interim order of the Tribunal also directed the PSC to take a decision on Annexure A7 representation put in by the respondent seeking to accept the qualification. Annexure A8 order consequentially passed by the PSC refusing to treat the Diploma obtained by the respondent has been challenged by way of amendment to the Original Application. 3. The Additional Ground 'B' incorporated by amendment is as follows: “B. It is submitted that the reason stated in Annexure A8 by the 1st respondent that the Special Rules does not permit equivalent or higher qualification for appointment to the post of Junior Public Health Nurse Grade II is absolutely unsustainable. The Technical Qualification prescribed is only Auxiliary Nurse Midwifery (ANM) Certificate. The applicant is having Diploma in General Nursing (GNM). The said diploma in GNM is a higher qualification than ANM Certificate. It is settled law the acquisition of a higher qualification pre-supposes the acquisition of the lower qualification. Therefore, the decision taken by the 1st respondent in Annexure A8 is plainly untenable and liable to be quashed.” 4. The PSC has filed a reply statement to O.A.No.617/2015 wherein it is inter alia averred as follows: “4. It is respectfully submitted that, in compliance with the Interim Orders of this Hon'ble Tribunal, the representation of the applicant dated 16/03/2015, has been examined by these respondents. The PSC has filed a reply statement to O.A.No.617/2015 wherein it is inter alia averred as follows: “4. It is respectfully submitted that, in compliance with the Interim Orders of this Hon'ble Tribunal, the representation of the applicant dated 16/03/2015, has been examined by these respondents. Since in the Gazette Notification issued in tune with the Special Rules for the post of Junior Public Health Nurse Grade II in Health Services/Municipal Common Services Department does not stipulate that equivalent qualification is acceptable, these respondents are constrained in this matter and have decided to reject the request of the applicant.” 5. The Tribunal is justified in observing that the plea of the respondent that Diploma in General Nursing is a higher qualification than the one stipulated in Annexure A3 notification remains uncontroverted. The Certificate Course stipulated in Annexure A3 notification is only of 18 months duration whereas the Diploma Course is of three years duration and that too in the same line. The Tribunal cannot be faulted with when it has followed Jyoti K.K. and others v. Kerala Public Service Commission and others [(2010) 15 SCC 596] in the circumstances. Ext.P6 order of the Tribunal declaring that the respondent is having the requisite qualification to participate in the selection process in the light of the uncontroverted pleadings is justified. The original petition fails. Dismissed. No costs.