SHALINI SREENIVASAN, W/O SAJEEV K. R. v. SINDHU V. R. , W/O. VINODH V. R.
2024-11-22
A.MUHAMED MUSTAQUE, P.KRISHNA KUMAR
body2024
DigiLaw.ai
JUDGMENT : (A. Muhamed Mustaque, J.) This issue revolves around whether the specific qualification mentioned in a notification for the post of Supervisor under the Integrated Child Development Scheme (ICDS) in the Women and Child Development Department should be treated as a quota (i.e., a reserved category or allocation) or as a mandatory qualification for eligibility. 2. The notification in this case will have to be considered in the light of the Special Rules for Kerala Social Welfare Subordinate Service, 2010. The service consists of several categories of officers. Category 13 refers to Supervisor, Integrated Child Development Service (ICDS). Rules also provide methods of appointment and qualification for appointment. As per the Rules issued in the year 2010, a ratio of 70:29:1 shall be maintained among direct recruitment from open candidates, appointment from Anganwadi workers and promotion from the feeder categories. 3. The charts below are provided for ease of understanding: Source Ratio Qualification Direct Recruitment 70% Degree along with Balasevika Training Certificate or Primary Teachers Training Certificate Direct Recruitment from Anganwadi Workers 29% SSLC and 10 years experience as Anganwadi Workers Promotion from the Feeder Category 1% The above rules underwent amendment in the year 2012. And figures of 70:29:1 was substituted as 58:29:11:2 among: In 2012 Rules Source Ratio Qualification Direct Recruitment 58% Degree along with Balasevika Training Certificate or Primary Teachers Training Certificate Direct Recruitment from Anganwadi Workers 29% SSLC and 10 years experience as Anganwadi Workers Direct Recruitment from Anganwadi Workers with a Degree 11% Degree Promotion from the Feeder Category 2.00% It is specifically stated in Rule 6 of amended rules 2012 that the ratio of 58:40:2 among feeder category shall be applicable till 31/12/2013 without any differentiation between Anganwadi workers who possess degree qualification and those who do not possess degree qualification, and the ratio of 58:29:11:2 would be applicable only with effect from 01/01/2014. 4. PSC invited a notification on 15/11/2014 for the post of Supervisor (ICDS) prescribing the qualification of degree in any subject from a recognised University. It is to represent the ratio of 11% earmarked for degree holders among Anganwadi workers. PSC also issued another notification on 11/12/2019 stipulating qualifications as – pass in SSLC with 10 years experience as Anganwadi workers, to represent 29% of the ratio. 5. PSC published the ranked list pursuant to the notification dated 11/12/2019.
It is to represent the ratio of 11% earmarked for degree holders among Anganwadi workers. PSC also issued another notification on 11/12/2019 stipulating qualifications as – pass in SSLC with 10 years experience as Anganwadi workers, to represent 29% of the ratio. 5. PSC published the ranked list pursuant to the notification dated 11/12/2019. The petitioners in all these cases approached the Tribunal to exclude candidates included in the ranked list who possessed a degree. According to them, the notification dated 11/12/2019 is exclusively for the Anganwadi workers having SSLC qualifications and 10 years of experience. This was originally considered by a Bench consisting of two members of the Tribunal. There was a difference of opinion among the members of the bench. The judicial member was of the view that any person holding equivalent or higher qualification is eligible, therefore, the challenge must fail. The administrative member was of the view that 29% is a quota identified based on qualification and therefore, provisions under 10(a)(ii) of Part II Kerala State & Subordinate Services Rules, 1958, (KS&SSR), cannot be applied as it is a separate quota for disadvantaged groups based on affirmative action. Consequent upon a difference of opinion, the matter was taken up before the Chairman. Thereafter, a three-member bench took up the matter. The three-member bench affirmed the earlier view of the judicial member and held that rules do not bar candidates who hold higher qualifications and such candidates cannot be excluded. It is further noted that, in the light of the notification which stipulates that Rule 10(a)(ii) of Part II of KS&SSR would apply to those who have higher qualifications, they are entitled to apply. Accordingly, the challenge was dismissed. 6. In this matter, some of the degree holders were impleaded. They also appeared through their counsel. It is to be noted that the petitioners could not implead all the degree holders in the party array for want of their details. They cannot be denied their right to challenge an illegal action for want of details of beneficiaries of such illegal action. Further, we note that their interest has been substantially defended in this matter by PSC as well as by some of the party respondents who arrayed themselves in the matter as they would be affected by the outcome of the challenge. 7.
Further, we note that their interest has been substantially defended in this matter by PSC as well as by some of the party respondents who arrayed themselves in the matter as they would be affected by the outcome of the challenge. 7. We had the advantage of hearing the learned Senior Counsel Shri P. Ravindran and learned counsel Adv. K.R.Rajkumar, Adv.P.Jayaram, Adv.Nandakumar P., Adv.P.Gopal and Adv. Brijesh Mohan for degree holders. We also heard the learned Standing Counsel for PSC, Shri P.C.Sasidharan. 8. The primary issue in these cases is whether the qualification mentioned in PSC notification represents a quota or merely a qualification for the post. A qualification refers to a criterion required for eligibility, while a quota serves as a specific source of appointment. 9. In these matters, the source of appointment is from Anganwadi workers, with a ratio fixed between those with different qualifications: - 29% for Anganwadi workers holding SSLC and 10 years of experience. - 11% for Anganwadi workers with degrees. 10. Notably, in 2010, a 29% quota was allocated to Anganwadi workers with SSLC and 10 years of experience. Subsequently, in 2012, 11% was carved out of 70% FROM OPEN CATEGORY for Anganwadi workers possessing degrees, further refining the allocation. Importantly, the open category also required candidates to possess a degree. 11. The intention to maintain a distinct quota for Anganwadi workers without a degree is evident. The 29% quota was specifically reserved for those lacking a degree to ensure their inclusion. 29% reservation for Anganwadi workers with SSLC and 10 years of experience is clearly intended as a quota rather than a general qualification; - This is evident from its allocation as a fixed percentage of the total posts. - It specifically targets a subgroup of Anganwadi workers without degrees, ensuring their representation. 12. If this were a general qualification, there would be no need for a separate ratio or reservation. Instead, all eligible candidates, irrespective of educational background, would compete equally under the general recruitment process. 13. The creation of an 11% quota for degree-holding Anganwadi workers in 2012 further clarifies that the 29% reservation was meant exclusively for non-degree holders. When a ratio is prescribed as the method of appointment, it generally signifies a quota unless explicitly stated otherwise in the rules.
13. The creation of an 11% quota for degree-holding Anganwadi workers in 2012 further clarifies that the 29% reservation was meant exclusively for non-degree holders. When a ratio is prescribed as the method of appointment, it generally signifies a quota unless explicitly stated otherwise in the rules. A quota defines the source of recruitment and can be identified based on any reasonable criterion, such as educational qualifications, provided it aligns with the purpose of the quota. If the rationale behind a quota is valid and it is not questioned, its objective cannot be undermined by introducing new norms, such as allowing candidates with higher qualifications to apply within that quota. 14. In these cases, the 29% reservation for Anganwadi workers with SSLC and 10 years of experience represents a quota rather than a general qualification. While the quota may have been established based on qualifications, it cannot be treated as a general qualification applicable to all candidates. If the rule-making authority intended to treat it as a general qualification, there would have been no need to amend the rules in 2012 to carve out a separate quota for degree holders. The primary purpose of earmarking the 29% quota is to benefit a specific sub-group of experienced Anganwadi workers without degrees. Introducing a higher qualification into this quota would alter its nature and defeat its purpose. The prescription of SSLC and 10 years of experience was thus intended to establish a quota, not a general qualification under Rule 10(a)(ii) of KS&SSR. In the light of the above, the impugned order is set aside. The PSC is directed to exclude degree holders from the 29% quota reserved for Anganwadi workers with SSLC and 10 years of experience. (emphasis supplied) The original petitions and the writ petition are allowed as above.