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2025 DIGILAW 418 (KER)

Vyshak P. S/o : Rajeevan P. v. State of Kerala

2025-03-03

D.K.SINGH

body2025
JUDGMENT : D. K. SINGH, J. Heard Ms Arunaa learned Counsel for the petitioners; Ms Mary Beena Joseph learned Senior Government Pleader for the State; Mr P C Sasidharan learned Standing Counsel for the Kerala Public Service Commission, and Mr P M Johny learned Standing Counsel for the Kerala Water Authority. Facts 2. The petitioners in the writ petition are candidates who applied for selection and appointment to the post of Surveyor Grade II in the Kerala Water Authority (KWA) in pursuance of the notification issued by the Kerala Public Service Commission (KPSC) dated 30.12.2023. The petitioners are aggrieved by the rejection of the candidature of the petitioners by the Kerala Public Service Commission after they were short listed. 2.1 As per notification dated 30.12.2023 the qualifications for the post of Surveyor Grade II in the Kerala Water Authority, prescribed in column 7, read as follows: “7. Qualification: 1. Pass in SSLC or its equivalent 2. National Trade Certificate (NTC) awarded by the National Council for Vocational Training in the trade Surveying after the completion of 2 years metric course or its equivalent. OR (i) Pass in SSLC or its equivalent examination. (ii) KGTE Certificate in Surveying and Levelling (Higher) or its equivalent, and (a) Pass in Building Drawing and Estimating (Lower) (b) Mensuration (Lower) [G.O. (P) No. 1/2023/WRD dated 27.01.2023] link Equivalent qualification admitted in the previous selection Note:- (1) Rule 10(a)ii of Part II of KS & SSR is applicable. (2) In addition to the qualification prescribed in this notification, the qualification recognized by Executive Orders or Standing Orders of Government as equivalent to a qualification specified for a post in the Special Rules or found acceptable by the Commission in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post. The copy of the Government orders declaring equivalent / higher qualifications shall be produced as and when required by the Commission.” 2.2 The petitioners who have a Diploma in Civil Engineering and B. Tech in Civil Engineering have been disqualified on the grounds that “As per the Judgment of the Hon’ble Supreme Court, Higher Qualifications (B.Tech and Diploma in Civil Engineering) are not eligible for the post of Surveyor”. So your register number is deleted from the Probability list number 111/2024/ERIVB published on 02.12.2024 for the Post of Surveyor Grade II in Kerala Water Authority (Category Number 683/2023). ERIVB Section Ph:04712546-341.” 2.3 The Government, vide Government Order G.O. (Rt) No.57/2023/88 dated 17.01.2023 in Ext.P17, has clarified that ITI qualifications cannot be equated with other degree, diploma, or course certificates, nor can they be considered a higher qualification to ITI qualifications. 2.4 The petitioners challenge Exts.P11 series to the extent that it rejects the application of the petitioners after the shortlist is published and also Ext.P17 Government Order. The petitioners also seek a declaration to the effect that a Diploma in Civil Engineering and B. Tech in Civil Engineering presupposes the acquisition of a lower qualification prescribed in paragraph 7(2) of the notification dated 30.12.2023. Petitioners’ submission 3. The learned Counsel for the petitioners submits that a committee was constituted by including experts from each Branch to assess the equivalency and higher qualification to various courses conducted by the Department of Technical Education and the NTC/KGCE/NCVT/THSLC courses. Based on their recommendation, a report was prepared by the State Institute of Technical Teachers’ Training and Research (SITTTR). The expert opinion in Ext.P12 would suggest that the Diploma in Civil Engineering is a higher qualification to ITI in Surveyor Trade and KGCE Civil Engineering. SITTTR is an institution that revises the curriculum of existing Diploma and certificate programs. They are experts in this field and are the most appropriate body to determine the courses that are higher in qualification for the ITI Surveyor trade. 3.1 Further, it is submitted that the persons having B.Tech/Diploma in Civil Engineering are already working as Surveyor in the Kerala Water Authority. The learned Counsel, therefore, submits that when a B. Tech/Diploma in Civil Engineering are higher qualification than the ITI in the Surveyor trade, removal of the petitioners’ name from the shortlist is wholly unjustified, and illegal and the petitioners be declared as having the requisite qualification for the post of Surveyor Grade II for which the notification was issued on 30.12.2023. 3.2 Furthermore, the Government Order dated 17.01.2023 in Ext.P17, stating that ITI/ITC/NTC/NAC trade certificates cannot be equated with Degree and Diploma course certificates, is not applicable to the current selection process in Ext.P1 as the Government Order was issued after the commencement of the selection process pursuant to Ext.P1 notification. 3.2 Furthermore, the Government Order dated 17.01.2023 in Ext.P17, stating that ITI/ITC/NTC/NAC trade certificates cannot be equated with Degree and Diploma course certificates, is not applicable to the current selection process in Ext.P1 as the Government Order was issued after the commencement of the selection process pursuant to Ext.P1 notification. It is also submitted that after the issuance of Ext.17 Government Order, the petitioners were allowed to participate in the selection process pursuant to Ext.P1 and they were included in the Ext.P3 shortlist dated 02.12.2024. 3.3 The petitioners thus seek a writ of mandamus to direct the respondents to accept the Diploma in Civil Engineering and/or B. Tech in Civil Engineering possessed by the petitioners as valid qualification for selection and appointment as Surveyor Grade II and allow the petitioners to continue to participate in the selection process. Respondent’s submission 4. Mr P C Sasidharan, learned Standing Counsel representing the Public Service Commission, submits that this Court, in Janardanan K v. State of Kerala , [ 2008 (3) KHC 299 ] has already decided on the issue. This Court held that persons having a B. Tech or Diploma in Civil Engineering are not eligible to apply for the post of Surveyor Grade II after considering Rules 10(a) and Rule 13(b) of Part II of the Kerala State and Subordinate Services Rules 1958. 4.1 Further, it is submitted that the judgment of this Court in Janardanan K (supra) was challenged before the Supreme Court in Special Leave to Appeals (C) Nos.20587 – 20588/2008 and the Supreme Court has dismissed the aforesaid Special Leave Petitions. The Degree and Diploma courses in Civil Engineering do not presuppose the ITI (Surveyor Trade). In view of the aforesaid settled position, the persons having a Diploma and Degree in Civil Engineering have been excluded from the selection process for the post of Surveyor Grade-II in the Survey and Land Records Department. 4.2 Furthermore, the qualifications for Surveyor Grade II in Kerala Water Authority and Surveyor Grade II in Survey and Land Records Department are almost identical and the judgment of the Supreme Court in Janardanan K (supra) is squarely applicable to the facts of the present case. Discussion and Analysis 5. I have considered the submissions advanced on behalf of the parties and perused the records. 6. Discussion and Analysis 5. I have considered the submissions advanced on behalf of the parties and perused the records. 6. The notification dated 30.12.2023 itself prescribes that the equivalent qualifications admitted in the previous selection would be applicable in the present selection as well. Further, the note itself provides that in addition to the qualifications prescribed in the notification, the qualification recognised by an Executive Order or Standing Order of the Government as equivalent to a qualification specified for a post in the Special Rules or found acceptable by the Commission where the acceptance of equivalent qualifications is provided for in the Rules and those qualifications which pre-supposes the acquisition of the lower qualification prescribed for the post shall be sufficient for the post. 6.1 Rule 10(a)(ii) of the Kerala State and Subordinate Services Rule 1958 Part II reads as follows: “(ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13(b)(i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post.” The said Rule has a non-obstante clause that authorises the Government to recognize as equivalent to a qualification specified for a post in the Special Rules. The notification dated 30.12.2023 also took note of the aforesaid rule in the Note. 7. In the exercise of the powers conferred under Rule 10(a)(ii), the Government has issued the Government Order in Ext.P4 dated 24.12.2021 stating that the Diploma in Civil Engineering course conducted by the Technical Education Department is a higher qualification to the ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC course. Further, in the Government Order dated 16.12.2021, it has been stated that a B. Tech in Civil Engineering is a higher qualification than a Diploma in Civil Engineering under the Technical Education Department. Vide Government Order dated 30.07.2022, the Government has reiterated that the B. Tech degree awarded by the various Universities in Kerala is a higher qualification to the Diploma Certificates and ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC Electrical/ Wireman/ Electrical Engineering Certificates in the respective branches. Vide Government Order dated 30.07.2022, the Government has reiterated that the B. Tech degree awarded by the various Universities in Kerala is a higher qualification to the Diploma Certificates and ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC Electrical/ Wireman/ Electrical Engineering Certificates in the respective branches. 7.1 Thus, the Government, in the aforementioned three Government Orders, has specifically stated that a Diploma and Degree are the higher qualifications for ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC Electrical/ Wireman/ Electrical Engineering Certificates. The aforementioned Government Orders have been issued in the exercise of the powers conferred by Rule 10(a)(ii) of Part II of the Kerala State and Subordinate Services Rules 1958. 7.2 Once the Government, through Exts P4, P5 and P6 have recognized that a Diploma or B. Tech in Civil Engineering is a higher qualification to ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC courses, the Public Service Commission’s rejection of the candidature of the petitioners who are Diploma and Degree holders is totally unjust, illegal and arbitrary. The Public Service Commission is bound by the equivalence granted by the State Government or prescribing that the Diploma and Degree are higher qualifications to ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC courses. 8. The petitioners hold valid Diplomas and B. Tech Degrees in Civil Engineering, and they are the higher qualification for ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC courses. The State Institute of Technical Teachers’ Training and Research in its report in Ext.P12 dated 15.02.2021, considered the report of the Committee constituted on the issue of equivalency and higher qualification between the diploma courses conducted by the Technical Education Department and the NTC/ KGCE/ NCVT/ THSLC, in regard to the recruitment to the various posts being conducted by the Public Service Commission, specifically stated that the Diploma courses conducted by the Technical Education Department are higher qualifications in the field for which ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC certificates are issued. 9. It may further be noted that the Government Order dated 17.01.2023 has already been stayed, and the matter is pending before the Division Bench in OP(KAT) No.359/2024. Therefore, on the basis of the said Government Order, the petitioners’ candidature cannot be rejected. Furthermore, it is pertinent to note that after the issuance of Ext.17 Government Order, the petitioners were allowed to participate in the selection process pursuant to Ext.P1 and they were included in the Ext.P3 shortlist dated 02.12.2024 10. Therefore, on the basis of the said Government Order, the petitioners’ candidature cannot be rejected. Furthermore, it is pertinent to note that after the issuance of Ext.17 Government Order, the petitioners were allowed to participate in the selection process pursuant to Ext.P1 and they were included in the Ext.P3 shortlist dated 02.12.2024 10. The Supreme Court, in the case of Jyoti K K v. Kerala Public Service Commission , [(2010) 15 SCC 596] has held that if a candidate has acquired higher qualification in the same Faculty or discipline, such qualification presupposes the acquisition of lower qualification prescribed for the post. Paragraphs 8 and 9 of the judgment which is relevant is extracted hereunder: “8. Under the relevant Rules, for the post of Assistant Engineer, degree in Electrical Engineering of Kerala University or other equivalent qualification recognised or equivalent thereto has been prescribed. For a higher post when a direct recruitment has to be held, the qualification that has to be obtained, obviously gives an indication that such qualification is definitely higher qualification than what is prescribed for the lower post, namely, the post of Sub-Engineer. In that view of the matter the qualification of degree in Electrical Engineering presupposes the acquisition of the lower qualification of diploma in that subject prescribed for the post, shall be considered to be sufficient for that post. 9. In the event the Government is of the view that only diploma-holders should have applied to post of Sub-Engineers but not all those who possess higher qualifications, either this Rule should have excluded in respect of candidates who possess higher qualifications or the position should have been made clear that degree-holder shall not be eligible to apply for such post. When that position is not clear but on the other hand the Rules do not disqualify per se the holders of higher qualifications in the same Faculty, it becomes clear that the Rule could be understood in an appropriate manner as stated above. In that view of the matter the order„ of the High Court cannot be sustained. In this case we are not concerned with the question whether all those who possess such qualifications could have applied or not. In that view of the matter the order„ of the High Court cannot be sustained. In this case we are not concerned with the question whether all those who possess such qualifications could have applied or not. When statutory Rules have been published and those Rules are applicable, it presupposes that everyone concerned with such appointments will be aware of such Rules or make himself aware of the Rules before making appropriate applications. The High Court, therefore, is not justified in holding that recruitment of the appellants would amount to fraud on the public.” Conclusion 11. When the competent authority holds that a Diploma or B.Tech Degree in Civil Engineering is the higher qualification in the exercise of the powers conferred under Rule 10(a)(ii) of Part II of Kerala State and Subordinate Service Rules 1958, the Public Service Commission will have no power to reject the application of candidates, including the petitioner, who hold a Diploma or Degree in Civil Engineering. In view thereof, this Court is of the view that rejection of the candidature of the petitioners for the post of Surveyor Grade II is against the statutory prescription itself. Result 12. The writ petition is allowed. The petitioners are declared to be qualified as per the notification dated 30.12.2023 and they are to be treated as qualified for the post of Surveyor Grade II in the Kerala Water Authority for which the notification was issued on 30.12.2023. All Interlocutory Applications regarding interim matters stand closed.