Indu V.G. v. Kerala State Electricity Board and Kerala Public Service Commission

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939** **WP(C).No. 5226 of 2016** **-------------------** **PETITIONER(S)** **-------------** **INDU V.G., W/O. PRADEEP M.S., AGED 40 YEARS, LAKSHMI NIVAS, 24/2009, MANKAVE P.O., KOZHIKODE-673 007.** **BY ADVS.SRI.K.T.SHYAMKUMAR** **SRI.R.NARENDRAN NAIR.** **RESPONDENT(S):** - **--------------** **1. KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.** **2. KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.** **R1 BY ADV. SMT.ANEETHA A.G., SC, R2 BY ADV. SRI.P.C.SASIDHARAN, SC.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **rs.** **05/03/2018.** **WP(C).No. 5226 of 2016 (C)** **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT-P1: TRUE COPY OF THE PSC NOTIFICATION DATED 31.08.2009 IN CATEGORY NO.321/2009.** - **EXHIBIT-P2: TRUE COPY OF THE M.A. DEGREE CERTIFICATE (REG.NO.13753). EXHIBIT-P3: TRUE COPY OF THE POST GRADUATE DIPLOMA CERTIFICATE IN PUBLIC RELATIONS ISSUED FROM THE BHARATIYA VIDYA BHAVAN.** - **EXHIBIT-P4: TRUE COPY OF THE CONTENTS OF JULY 2003 ISSUE OF THE GULF VIEWS INTERNATIONAL MAGAZINE ALONG WITH ARTICLE.** - **EXHIBIT-P4(A): TRUE COPY OF THE CONTENTS OF JULY 2003 ISSUE OF THE GULF VIEWS INTERNATIONAL MAGAZINE ALONG WITH ARTICLE.** - **EXHIBIT-P5: TRUE COPY OF THE CONTENTS OF MAY 2003 ISSUE OF THE GULF VIEWS INTERNATIONAL MAGAZINE ALONG WITH ARTICLES.** - **EXHIBIT-P5(A): TRUE COPY OF THE CONTENTS OF MAY 2003 ISSUE OF THE GULF VIEWS INTERNATIONAL MAGAZINE ALONG WITH ARTICLES.** - **EXHIBIT-P6: TRUE COPY OF THE ARTICLE PUBLISHED IN MANGALAM DAILY. EXHIBIT-P7: TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED FROM THE BHARATIYA VIDYA BHAVAN, KOZHIKODE KENDRA.** - **EXHIBIT-P8: TRUE COPY OF THE EXPERIENCE CERTIFICATE FROM THE BHARATIYA VIDYA BHAVAN, KOZHIKODE KENDRA.** - **EXHIBIT-P9: TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 25.03.2013 ISSUED FROM THE ASSISTANT LABOUR OFFICER, II CIRCLE, KOZHIKODE.** - **EXHIBIT-P10: TRUE COPY OF THE NOTICE PUBLISHED BY THE STATE OF KERALA INFORMATION & PUBLIC RELATIONS DEPARTMENT IN RESPECT OF A SEMINAR ON THE SUBJECT 'FREEDOM OF PRESS-CHALLENGES' HELD ON 16.11.2003 AT THE PRESS CLUB HALL, KOZHIKODE ORGANIZED BY THE PETITIONER.** - **EXHIBIT-P11: TRUE COPY OF THE LETTER NO.LRI(1)891/LW DATED 18.03.2013 ISSUED FROM THE PSC.** - **EXHIBIT-P12: TRUE COPY OF THE LETTER NO.LRI(1)/891/08/LW DATED 28.04.2014 ISSUED FROM THE PSC.** - **EXHIBIT-P13: TRUE COPY OF THE LETTER NO.LRI(1)/891/08/LW DATED 31.05.2014 ISSUED FROM THE PSC.** - **EXHIBIT-P14: TRUE COPY OF THE LETTER NO.LRI(1)/891/08/LW DATED 01.10.2015 ISSUED FROM THE PSC.** - **EXHIBIT-P15: TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS OF THE BHARATIYA VIDYA BHAVAN'S RAJENDRA PRASAD INSTITUTE OF COMMUNICATION & MANAGEMENT FOR THE ACADEMIC YEAR 2007-2008.** **RESPONDENT'S EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **rs. 05/03/2018.** ## **P.V.ASHA, J.** ## **W.P.(C) No.5226 of 2016** ## **Dated this the 19[th] day of March, 2018** ## **JUDGMENT** The petitioner is a candidate who submitted application pursuant to Ext.P1 notification issued by Kerala Public Service Commission for appointment as Public Relations Officer in the Kerala State Electricity Board. The qualifications prescribed are as follows: - _“a) A Post Graduate Degree in any one of the subjects. Arts, Science, Humanities from any affiliated Universities OR a Degree in any professional courses._ - _b) Post Graduate Degree or Post Graduate Diploma in any of the subjects, Public Relations, Mass Communications, Public Relations and Journalism, Public Relations and Advertising, Public Relations and Visual Media Communication (Post-graduate Diploma should be one approved by the Union Government of India/Government of Kerala)._ - _c) Skill to prepare in both the English and Malayalam languages, News, News Story, Advertisements, News Articles, Other matters related to Journalism._ - _d) Experience: Not less than 2 years experience working as full time Public Relations Officer in either of the Government Department or Public Sector Undertakings OR Working experience for the above said period as Working Journalist in any of the Institutions registered under the Companies Act, 1956 engaged in publishing Dailies and Periodicals in Malayalam and English languages OR Experience for the above said period as Officer undertaking execution of the aforesaid activities in any Government Department.”_ 2. The petitioner is a Post Graduate in Malayalam Literature from the University of Calicut and passed Post Graduate Diploma in Public Relations from Bhavan's Rajendra Prasad Institute of Communication and Management. With the support of Exts.P4, P4(a), W.P.(C) No.5226/16 :2: P5 and P6, petitioner submits that she is having exemplary skill in preparing news items, articles, magazines etc. and she had been working as Student Welfare Officer/Public Relations Officer in the Bhavan's College of Communication and Management under Bharatiya Vidya Bhavan from 01.11.2000 to 03.08.2004 and hence she is having all the qualifications prescribed in Ext.P1 notification. 3. According to petitioner, the nature of duties of a Student Welfare Officer is same as that of a Public Relations Officer. Relying on Ext.P7 certificate as well as the work schedule under the Bharatiya Vidya Bhavan she claims that the experience gained by her as Student Welfare Officer is the same as that required in Ext.P1. 4. However as per Ext.P11 call letter dated 18.03.2013, the Secretary of Kerala Public Service Commission directed the petitioner to appear for verification of certificates producing all the relevant documents in support of her claim towards the experience prescribed in the notification. Though, petitioner appeared as directed, she received Ext.P12 letter dated 28.04.2014, by which her application was rejected on the ground that she does not have the requisite experience prescribed for the post. 5. Subsequently on the representation submitted by the petitioner seeking the details behind Ext.P12 letter, she was informed as per Ext.P13 letter dated 31.05.2014 that the experience given by W.P.(C) No.5226/16 **==> picture [14 x 9] intentionally omitted <==** the petitioner is not one which was published in the newspapers, periodicals in Malayalam and English and since she does not have any experience as a working journalist, her case cannot be considered. Petitioner again submitted complaints before the respondents and as per Ext.P14 letter dated 01.10.2015, she was informed that as per her claim, her application and all the documents and certificates produced by her were considered and found that her claim that she was experienced as Public Relations Officer while she was actually working as Students Welfare Officer, need not be accepted. Petitioner submits that the reasons stated in Exts.P12, P13 and P14 are inconsistent and incorrect and therefore she is entitled to be appointed. 6. The 2[nd] respondent filed a counter affidavit stating that petitioner had produced the experience certificate in which her designation was stated as Student Welfare Officer (PRO) in Bhavan's College of Communication and Management. It is also stated that Kerala State Electricity Board is one of the largest state level Public Sector Enterprises functioning in Kerala in the generation, distribution and transmission areas of power sector with 28,000 employees in all the 14 districts of Kerala and Public Relations Officer is not a district level officer but a state level officer with high level responsibilities. The incumbent in the post of Public Relations Officer needs deliberate, planned and sustained effort to establish and maintain mutual W.P.(C) No.5226/16 **==> picture [14 x 9] intentionally omitted <==** understanding between the organisation and the public. Public Relations Officer should have specialisation in the areas of public opinion research, human resources etc. The Kerala State Electricity Board, the employer, has required employees with two years experience as a full time Public Relations Officer in a Government Department or Government Undertaking or a Company of high repute registered under the Companies Act, 1956. But the experience of the petitioner is as a Student Welfare Officer in Bhavan's College of Communication and Management and it cannot be accepted. It is stated that the PSC has taken care in analyzing the experience and qualification possessed by candidates and they are duty bound to accept the experience of requisite quality and standards in tune with the stipulations in the Gazette Notification. On such examination the experience of the petitioner was not found sufficient and it was found that post of PRO in KSEB requires candidates with high caliber with adequate experience in the field of Public Relations. Therefore the candidature of the petitioner cannot be accepted. 7. The 1[st] respondent has filed a counter affidavit stating that one vacancy of Public Relations Officer was notified with the PSC and the PSC had as per its letter dated 29.4.2016 informed that even though they invited applications to the post of Public Relations Officer in 2009, they could not get any candidate with the required W.P.(C) No.5226/16 **==> picture [14 x 9] intentionally omitted <==** qualification and they had urged the KSEBL to take action to change the qualifications for the post of Public Relations Officer. In that background the Board had therefore instructed the General Administration Department under the Government regarding the qualification prescribed for the post of PRO and it was informed that the Board will take a decision to modify the qualification considering the advice of the PSC. 8. The learned Standing Counsel for the KSEBL made available a copy of the order dated 19.12.2017 modifying the qualification prescribed for the post of PRO. 9. The learned counsel for the petitioner submits that being the sole candidate who submitted application pursuant to Ext.P1 notification and since she is fully qualified, she is entitled to be appointed and rejection of her candidature is liable to be set aside. It is argued that the respondent PSC gave different reasons for rejection of her candidature and that would only indicate the malice behind it. 10. As the dispute is with respect to the experience of the petitioner which is an essential qualification for appointment to the post of PRO, it is necessary to have a look at the experience which is prescribed in Ext.P1 notification. Experience prescribed in Ext.P1 notification is that not less than two years experience as PRO in either of the Government Department or Public Sector Undertakings or W.P.(C) No.5226/16 :6: working experience for the above said period as working journalist in any of the institutions registered under the Companies Act, 1956 engaged in publishing dailies and periodicals in Malayalam and English languages or experience for the above said period as officer undertaking execution of the aforesaid activities in any Government Department. The petitioner has not worked in any of the Government Departments or PSU. She was not also a working journalist. She was only a Students Welfare Officer in Bhavan's College of Communications, in unaided sector. Therefore without going to the reasons stated by the PSC for rejection of her candidature - Exts.P12 to P14 - it can be seen that experience gained by the petitioner as Student Welfare Officer even if it was as a PRO, in the unaided educational institution where she was working, is not the one which is prescribed or notified under clause (c) under the head of “qualification”. 11. From the pleadings on record, It cannot be said that the petitioner had been working in any institution of high reputed similar to Government Department or PSU. The learned Standing Counsel relied on the judgment of the Division Bench of this Court in _**District Cooperative Bank, Palakkad v. Dinesh M and others : 2012 (3) KHC 627**_ in which while considering the question of selection and appointment to the post of General Manager of District Co-operative W.P.(C) No.5226/16 **==> picture [14 x 9] intentionally omitted <==** Bank it was held that experience should be in the line of banking or financing like investment companies, mutual funds etc. In paragraph 10 of the judgment it was held that any experience would not be sufficient for appointment as General Manager when appointment is to be made in a District Co-operative bank. 12. In the above circumstances, just because the PSC gave inconsistent answers to her complaints, petitioner cannot insist that she should be considered or appointed, she being the sole candidate. As KSEBL has since modified the qualification, it is up to the PSC to renotify the post with amended qualification. In case petitioner is qualified as per the amended qualification, it is open to her to submit application. In the aforesaid scenario, I do not find any reason to interfere with the impugned action and hence writ petition fails and is dismissed. Sd/- **P.V.ASHA JUDGE** ww/rkc