JUDGMENT : D. K. SINGH, J. [WP(C) Nos.2047/2025, 2612/2025, 3188/2025, 3552/2025, 3646/2025, 4089/2025, 5351/2025, 5672/2025, 6381/2025, 6467/2025, 6913/2025, 7376/2025] Heard Mr V.A. Muhammed, Mr S Sabarinadh, Ms Arunaa, Mr K Sasikumar, Mr Lindons C Davis, Mr Johnson Gomez, Mr P Sathisan, Mr A Balagopalan, Mr N Anand and Ms Nisha George learned Counsel for petitioners; Mr P C Sasidharan learned Standing Counsel for the Kerala Public Service Commission; Mr V V Joshi learned Standing Counsel for the Kerala Water Authority and Ms Mary Beena Joseph learned Senior Government Pleader for the State. 2. The present batch of writ petitions has been filed impugning the Kerala Public Service Commission’s decision to exclude the petitioners and delete their names from the shortlist dated 03.06.2023 and, thereafter, the rank list dated 14.07.2023. The petitioners have also challenged the rank list dated 29.01.2025, which does not include the names of the petitioners. 3. The relevant facts of the case are stated hereunder: 3.1 The Kerala Public Service Commission issued the Notification dated 16.07.2012 (Category No.345/2012) inviting applications from qualified candidates for selection and appointment to the post of Lower Division Clerk in the Kerala Water Authority for filling up 102 existing vacancies and 43 anticipated vacancies. Clause (7) of the Notification dated 16.07.2012 prescribes the qualifications for the post of Lower Division Clerk thus: i) Degree in any discipline and ii) Certificate in Data Entry and Office Automation of a minimum 3 months (120hrs) duration awarded by Lal Bahadur Shastri Centre for Science and Technology (LBS), Institute of Human Resource Development (IHRD) or from a similar /equivalent institution approved by the Government. 4. All the petitioners possess Degrees in various disciplines. The dispute is with respect to the second qualification. 4. All the petitioners possess Degrees in various disciplines. The dispute is with respect to the second qualification. The petitioners possess a Certificate in Word Processing and Data Entry or similar Certificates from various Government and Government-approved Institutions such as Kerala State Rural Women’s Electronics Industrial Co-operative Federation Limited, Kerala State Backward Class Development Corporation, a Certificate in Computerized Office Management with Internet issued by the Science and Technology Entrepreneurship Development (STED) Project under the Government of Kerala sponsored by the Kerala State Backward Classes Development Corporation and the said course has been declared equivalent to Data Entry and Office Automation course conducted by the Lal Bahadur Shastri Centre for Science and Technology, Certificate in Data Entry and Office Automation issued by Akshaya E-Centre conducted by the Government of Kerala, Certificate in Data Entry and Console Operation obtained from the Centre for Development of Imaging Technology (C-DIT), a Government of Kerala institution. The Kerala Public Service Commission has issued a communication recognizing the Certificate courses offered by C-DIT as equivalent courses to Computer Word Processing certificates for appointment to the post of Lower Division Typist, the Certificate issued by the Electronics Corporation of India, a Central Government undertaking, the Certificate issued by the National Council for Vocational Training, Certificate in E-Craft issued by the Electronics Corporation of India Limited, a Central Government Undertaking which was recognized by the Kerala Public Service Commission as equivalent qualification for Word Processing and Data Entry in its communication dated 10.09.2007, a Certificate in Computing (CIC) by Indira Gandhi National Open University (IGNOU) for which the minimum duration is six months and maximum is two years, Certificate of Vocational Higher Secondary (Office Management and Secretaryship) issued by the Vocational Higher Secondary Education and also Certificate from Centre for Development of Imaging Technology (C-DIT) and Certificate in Data Entry and Console Operation issued by the Bharat Sevak Samaj, a National Development Agency promoted by the Government of India. 5. Earlier, the Kerala Public Service Commission issued a shortlist that included candidates with the qualification of Diploma in Computer Science, treating it as a higher qualification for Data Entry and Office Automation. The candidates having Certificate Courses filed W.P.(C) Nos.23679/2023 and 19463/2023 challenging the inclusion of candidates who do not have the prescribed qualifications as per the notification. 5. Earlier, the Kerala Public Service Commission issued a shortlist that included candidates with the qualification of Diploma in Computer Science, treating it as a higher qualification for Data Entry and Office Automation. The candidates having Certificate Courses filed W.P.(C) Nos.23679/2023 and 19463/2023 challenging the inclusion of candidates who do not have the prescribed qualifications as per the notification. A person who had the qualification of Diploma in Computer Application (DCA) filed W.P.(C) No.24279/2012 contending that he possesses a higher qualification which pre-supposes the acquisition of the lower qualification. Therefore, his application should also be considered as the applications of several persons who had the qualification of Diploma in Computer Application were being considered and he could not submit his application only because the notification was not clear. It was also contended that in view of the specific qualification mentioned in the notification dated 16.07.2012, thousands of candidates who had a Diploma in Computer Application and higher qualifications could not apply for the post. 5.1 The learned Single Judge set aside the notification and directed the Kerala Public Service Commission to issue a revised notification in the manner specified in the Rules, incorporating the qualifications, specifying whether equivalent or higher qualifications could also be accepted and giving eligible aspirants a chance to apply for the post. 5.2 The Kerala Public Service Commission took up the matter in Writ Appeal and contended that a candidate with DCA qualification was not entitled to be considered for the post and that the words ‘similar/equivalent’ in the notification dated 16.07.2012 were only with reference to the Institute from which the Certificate in Data Entry and Office Automation was to be obtained. 5.3 A Division Bench in W.A. No.1501/2015 held that the very foundation of the judgment that the candidates with DCA were permitted to apply and were considered for selection was found to be wrong and the petitioner could not have been prejudiced in any manner from his inability to apply as he was not qualified for the post in question. Thus, the directions issued by the learned Single Judge for issuing a fresh notification would be a futile exercise, and the judgment of the Single Judge was set aside by allowing the Writ Appeal. 6. Thereafter, a shortlist was prepared by the Kerala Public Service Commission. Thus, the directions issued by the learned Single Judge for issuing a fresh notification would be a futile exercise, and the judgment of the Single Judge was set aside by allowing the Writ Appeal. 6. Thereafter, a shortlist was prepared by the Kerala Public Service Commission. On coming to know that the shortlist contained persons who had a Diploma in Computer Application and other higher qualifications as well, the candidates having other qualifications apart from the prescribed qualification including a Diploma in Computer Engineering, MCA, Diploma in Data Entry and Console Operation, MSC in Software Engineering and other such qualifications were included as parties in W.P.(C) Nos.23679/2023 and 19463/2023. 7. The learned Single Judge held that once the Public Service Commissioner took the stand before the Division Bench that persons having a Diploma in Computer Application are higher qualifications and were not eligible for appointment to the post of Lower Division Clerk in the Kerala Water Authority, as they were not possessing the prescribed qualifications or equivalent qualifications and 590 applications from persons possessing Diploma in Computer Application had already been rejected, it was not proper for the Kerala Public Service Commission to change its stand and contend that the persons with higher qualifications could pre-suppose the existence of the lower qualifications. 7.1 The said judgment came to be challenged in Writ Appeals by the candidates possessing a Diploma in Computer Applications and higher qualifications. The Division Bench, in its judgment dated 30.01.2024, upheld the judgment of the learned Single Judge that the Diploma in Computer Application was not at all the notified qualification and held that the directions contained in the judgment were liable to be complied with and one month time was granted to the Kerala Public Service Commission to complete the procedure. 7.2 The said judgment was challenged before the Supreme Court by the persons having a Diploma in Computer Application and higher qualifications. 7.2 The said judgment was challenged before the Supreme Court by the persons having a Diploma in Computer Application and higher qualifications. The Supreme Court in its judgment in Anoop M v. Gireeshkumar T M , [ 2025 (1) SCC 729 ] took note of the provisions of the Kerala Water Authority (Administrative, Ministerial and Last Grade) Service Rules 2011 (for short, ‘Rules of 2011’) and held that the qualification set out in the notification dated 16.07.2012 for the post of Lower Division Clerk was strictly in keeping with the qualification prescribed therefor at Category No.27 in ‘Wing II – Ministerial Service’ in the Rules of 2011. The Supreme Court also took note of the Kerala State and Subordinate Service Rules 1958 (for short, Rules of 1958’). It is held that insofar as the post of Lower Division Clerk is concerned, the Rules of 2011 do not speak of a qualification ‘equivalent’ to a Certificate in Data Entry and Office Automation from Lal Bahadur Shastri Centre for Science and Technology, Institute of Human Resources Development, also being eligible. What is stated in the Rules of 2011 is that a Certificate in Data Entry and Office Automation from a similar/equivalent institution, approved by the Government would be accepted as an eligible qualification. The equivalence is, thus, not of the qualification itself but of the Institution from which the said Certificate in Data Entry and Office Automation is obtained. 7.3 It was also held that in the Rules of 2011, a qualification equivalent to the Certificate in Data Entry and Office Automation from Lal Bahadur Shastri Centre for Science and Technology, Institute of Human Resource Development, is not acceptable, but a Certificate in Data Entry and Office Automation from a Government-approved similar/equivalent institution would be valid. The Supreme Court held that no material has been placed before the Supreme Court to demonstrate that the Kerala Public Service Commission undertook any exercise to study the curriculum of each of the courses in question to assess and decide whether any of the so-called ‘higher qualifications’ can be said to pre-suppose acquisition of lesser qualification prescribed for the post. The Supreme Court held that no material has been placed before the Supreme Court to demonstrate that the Kerala Public Service Commission undertook any exercise to study the curriculum of each of the courses in question to assess and decide whether any of the so-called ‘higher qualifications’ can be said to pre-suppose acquisition of lesser qualification prescribed for the post. The qualification prescribed in the notification as per the Rules was a Certificate in Data Entry and Office Automation from a named Institute or from a similar/equivalent Government-approved Institution and it was necessary for the Kerala Public Service Commission to ascertain the number of hours of actual data entry and office automation that is put in by a candidate who possesses the so-called higher qualification to decide whether the candidate could be treated as superior to a candidate with prescribed qualification. Without such exercise, it could not be presumed that a candidate having higher qualifications, such as a Degree/Diploma in a computer-related subject, could possess expertise in data entry and office automation. 7.4 The Supreme Court blamed the Kerala Public Service Commission and adversely commented on its vacillating and dithering stance, which is held to be largely responsible for long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates. Further, it is held that the State instrumentality seized the solemn responsibility of making selections to the public services must maintain a high standard of probity and transparency and is not expected to remain nebulous as to the norms or resort to falsehoods before the Court. The Supreme Court upheld the decision of the Division Bench in confirming the view that non-suiting candidates with a Diploma in Computer Application/ higher qualifications can aspire for selection to the post of Lower Division Clerk in pursuance to the notification dated 16.07.2012. 8. In the present case, it is not in dispute that all the candidates possess a Certificate of Computer Applications including Data Entry of duration of more than 120 hours from Government/Government- recognized/approved Institutions. It is not the stand of the Kerala Public Service Commission that the Institutions from where the petitioners have obtained the Certificates in Computer Applications, including Data Entry and Office Automation, are not similar to or equivalent to the Institutions mentioned in the Notification. It is not the stand of the Kerala Public Service Commission that the Institutions from where the petitioners have obtained the Certificates in Computer Applications, including Data Entry and Office Automation, are not similar to or equivalent to the Institutions mentioned in the Notification. The Government itself has, in various Government Orders mentioned in the writ petition, declared the Government Institution and Government-recognized Institutions as equivalent to Lal Bahadur Shastri Centre for Science and Technology and Institute of Human Resource Development and the courses offered by them as equivalent to the courses offered by the Lal Bahadur Shastri Centre for Science and Technology and Institute of Human Resource Development. The Kerala Public Service Commission itself has accepted the Diploma/ Certificate issued by the Kerala State Rural Women Electronic Industrial Cooperative Federation Limited as the qualification approved by the Government for various posts as an equivalent qualification. The Kerala Public Service Commission has issued and sent messages to the petitioners to upload all documents regarding qualifications (SSLC/DEGREE/3-months Data Entry and Office Automation from LBS/IHRD/CDIT/RUTRONICS/KELTRON and other Government or Government-approved Institutions and NCLC/Community certificate on or before 02.04.2023. The message dated 30.03.2023 reads as follows: “7. Upload all documents regarding qualification (SSLC/DEGREE/3- months Data Entry and Office Automation (from LBS/IHRD/CDIT/RUTRONICS/KELTRON and other govt OR govt. approved institution) and NCLC/community certificate on or before 02/04/2023 for cat no 345/2012 (LDC in KERALA WATER AUTHORITY.) Those who upload documents already, may not upload again. KPSC HO TVM .04712546510.” 9. After verifying the said documents and considering the certificates obtained from the various Government and Government- approved Institutions, the petitioners’ names were shortlisted, and they were placed in the rank list dated 14.07.2023. Once the Kerala Public Service Commission itself has considered the Certificate issued by the various Government and Government-approved Institutions as equivalent to the Certificate issued by the LBS/IHRD/CDIT, etc, deleting the names of the petitioners from the rank list would be highly unjustified. What is required to be considered is whether a candidate possesses the qualifications as per the Rules and Notification dated 16.07.2012 or not. The Kerala Public Service Commission itself has found all these petitioners to have the requisite qualifications. Therefore, the non-inclusion of their names, despite their securing the position in the selection in the impugned rank list dated 29.01.2025, is wholly unjustified and cannot be countenanced. 10. In view thereof, the present writ petitions are allowed. The Kerala Public Service Commission itself has found all these petitioners to have the requisite qualifications. Therefore, the non-inclusion of their names, despite their securing the position in the selection in the impugned rank list dated 29.01.2025, is wholly unjustified and cannot be countenanced. 10. In view thereof, the present writ petitions are allowed. The Kerala Public Service Commission is directed to include all candidates to whom the message was sent for uploading the documents regarding qualification and whose names were included in the shortlist/rank list dated 03.062023/14.07.2023, according to their merit in the examination. The writ petitions are allowed. All Interlocutory Applications regarding interim matters stand closed.