Kerala Public Service Commission v. Indulekha K, Anu MS, The State of Kerala, The Director, Directorate of Technical Education

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` # **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 29[TH] DAY OF JULY 2024 / 7TH SRAVANA, 1946 ``` ``` OP(KAT) NO. 263 OF 2024 ``` ``` AGAINST THE ORDER DATED 04.06.2024 IN OA (EKM) NO.328 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM) ``` ## **`PETITIONER:`** ``` THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, PSC OFFICE, PATTOM, THIRUVANANTHAPRUAM, KERALA, PIN - 695004 ``` ``` BY ADV. P.C.SASIDHARAN ``` ## **`RESPONDENTS:`** ``` 1 INDULEKHA K AGED 38 YEARS, D/O NARAYANAN, KARATHA HOUSE.P.O MAGATTIIDAM, VIA KUTHUPARAMBA,, KANNUR, KERALA, PIN - 670643 2 ANU MS AGED 38 YEARS, D/O SIVARAMAN, MANIKYAN (H), ARUVAPPARA PO, KANNAMPARED 38 ERNAKULAM, KERALA, PIN - 683545 3 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695039 4 THE DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM STREET, THIRUVANANTHAPURAM, KERALA, PIN - 695023 ``` 2 O.P.(KAT) No.263 of 2024 ``` BY ADVS. ``` ``` PRASANTH SUGATHAN VARSHA BHASKAR(K/487/2004) ANUPAMA SIBI(K/698/2019) BIJOY HANDRAN – SR.GP ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 O.P.(KAT) No.263 of 2024 ## **JUDGMENT** ## **Anil K. Narendran, J.** The 3[rd] respondent Kerala Public Service Commission in O.A(Ekm)No.328 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, has filed this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order to quash Ext.P4 order dated 04.06.2024 of that Tribunal in that original application, which was one by respondents 1 and 2 herein, seeking an order directing the Kerala Public Service Commission to exclude persons who do not possess the mandatory qualification prescribed in Annexure A1 notification dated 03.04.2021, from the process of selection for appointment as Lecturer in Computer Engineering in the Technical Education Department (Govt. Polytechnics). They have also sought for an order directing the Kerala Public Service Commission to exclude candidates who do not possess the mandatory qualification prescribed in Annexure A1 notification from Annexure A5 short list and to recast the short list by including qualified candidates in the place of unqualified candidates. Paragraphs 9 and 10 of Ext.P4 order of the Tribunal read thus; “9. As contended by Sri.S.Prasanth, learned counsel for the applicants, a Full Bench of the Hon'ble High Court has already 4 O.P.(KAT) No.263 of 2024 held in **Suma v. Kerala Public Service Commission [** 2011 (1) KHC 16] that the Public Service Commission does not have the authority to deal with the question of equivalence of educational or other qualifications prescribed by the Special Rules, unless the Special Rules provide for the recognition of qualifications other than the prescribed qualifications as equivalent to the qualifications prescribed. More over, the AICTE which is a Central authority has already stated that the Degree in Information Technology and Computer Engineering are not equivalent. Therefore, the action of the PSC in treating the candidates having Degree in Information Technology as having the qualification equivalent to the notified one cannot be accepted. 10. There shall be a direction to the Public Service Commission to conduct the selection only from among candidates having the qualification prescribed in Annexure A1 notification, viz. Degree in Computer Engineering or Degree in Computer Technology and without treating Degree in Information Technology as a qualification equivalent to the aforesaid qualifications. The short list shall be revised accordingly and further proceedings for selection shall be on the basis of such a short list. This shall be done within a period of two months from the date of receipt of a copy of this order. No further proceedings shall be taken on the basis of Annexure A7 short list.” 2. On 19.06.2024, when this original petition came up for admission, the learned Standing Counsel for Kerala Public Service Commission was directed to furnish the details of the candidates who are included in the short list based on the Degree they 5 O.P.(KAT) No.263 of 2024 possessed in Information Technology. This Court passed an interim order on 19.06.2024. Paragraphs 2 and 3 of that order read thus; “2. In the meanwhile, the Kerala Public Service Commission is also permitted to hold the interview of all candidates included in the short list, who are possessing a Degree in Information Technology and who have been now ordered to be excluded by the order of the tribunal. 3. The interview and including of candidates in the ranked list will be subject to the further orders in this matter and such candidates need not be advised without orders from this Court. 3. Along with an affidavit sworn to by an authorised officer of the Kerala Public Service Commission, the list of candidates, as directed in the order of this Court dated 19.06.2024, is placed on record. 4. Heard the learned Standing Counsel for the Kerala Public Service Commission for the petitioner, the learned counsel for respondents 1 and 2 and also the learned Senior Government Pleader for respondents 3 and 4. 5. The sole issue that requires consideration in this original petition is as to whether the impugned order, i.e., Ext.P4 dated 04.06.2024 of the Kerala Administration Tribunal in O.A.(Ekm)No.328 of 2024 can be sustained, since the affected parties, namely, those who are included in the short list published 6 O.P.(KAT) No.263 of 2024 by the Kerala Public Service Commission, with Degree in Information Technology, were not made parties to that original application. 6. The submission made by the learned counsel for respondents 1 and 2/applicants is that, at the time of filing of the original application, the applicants were not having the details of those included in Annexure A5 short list published by the Kerala Public Service Commission pursuant to Annexure A1 notification, who are included in that short list based on their Degree in Information Technology. 7. When the relief sought for in the original application filed before the Tribunal is one for excluding such candidates from Annexure A5 short list and to recast the short list by including qualified candidates in the place of such unqualified candidates, the applicants cannot maintain such an original application before the Tribunal, without the affected parties, i.e., those included in Annexure A5 short list based on their Degree in Information Technology, in the party array. In such circumstances on the aforesaid ground, we deem it appropriate to set aside the impugned order dated 04.06.2024 of the Tribunal in O.A.(Ekm)No.328 of 2024 and that original application is remitted to the Kerala Administrative Tribunal for 7 O.P.(KAT) No.263 of 2024 fresh consideration. The applicants-respondents 1 and 2 herein shall file an application for amending the original application, in order to array the affected parties as additional respondents and to amend the statement of facts and grounds in an appropriate manner. The legal and factual contentions raised by the petitioner and respondents 1 and 2 are left open to be raised before the Tribunal at appropriate state. Any advise of the candidates shall be made only after obtaining the orders of the Tribunal. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **HARISANKAR V. MENON, JUDGE** anm 8 O.P.(KAT) No.263 of 2024 ## **`APPENDIX OF OP(KAT) 263/2024`** ## **`PETITIONER ANNEXURES`** - **`Exhibit P1 A TRUE COPY OF THE APPLICATION IN O.A (EKM) NO.328/2024`** - **`Annexure A1 TRUE COPY OF THE NOTIFICATION DATED 0304-2021 FOR CATEGORY NO 64/2021 ISSUED BY 3RD RESPONDENT`** - **`Annexure A2 TRUE COPY OF THE CERTIFICATE WITH SERIAL NO 0049081 DATED 08-02-2012 ISSUED BY THE FACULTY OF ENGINEERING, CUSAT TO THE 1ST APPLICANT`** - **`Annexure A3 TRUE COPY OF THE CERTIFICATE WITH REGISTRATION NO 4071 DATED 14-12-2009 ISSUED BY FACULTY OF ENGINEERING AND TECHNOLOGY, MG UNIVERSITY, TO THE 2ND APPLICANT`** - **`Annexure A4 TRUE COPY OF THE SCREENSHOT OF THE 1ST APPLICANT'S PROFILE IN 3RD RESPONDENT'S E-PORTAL "THULASI"`** - **`Annexure A5 A TRUE COPY OF THE NOTIFICATION SI.NO. 43/2024/ER IV DATED 06-02-2024 ISSUED BY THE 3RD RESPONDENT PUBLISHING THE SHORTLIST FOR CAT. NO. 064/2021`** - **`Annexure A6 A TRUE COPY OF THE JUDGMENT DATED 12-102023 OF THE HON'BLE HIGH COURT OF KERALA IN OP(KAT) 103/2020 AND CONNECTED CASES`** - **`Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED 20/03/2024 IN O.A (EKM) NO.328/2024`** - **`Exhibit P3 THE TRUE COPY OF THE M.A (EKM) NO.733/2024 DATED 23/5/2024`** - **`Annexure A7 A TRUE COPY OF EXTRACT OF THE NOTIFICATION NO 06/2024 DATED 06-05-2024 ISSUED BY THE 3RD RESPONDENT`** 9 ## O.P.(KAT) No.263 of 2024 ``` Annexure A8A TRUE COPY OF THE INTERVIEW CALL LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST APPLICANT Annexure A9A TRUE COPY OF THE INTERIM ORDER IN OA(EKM)- 1272/2021 DATED 05-10-2023 PASSED BY THE HON'BLE ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH ERNAKULAM ``` ``` Exhibit P4THE TRUE COPY OF THE ORDER DATED 04/06/2024 IN O.A (EKM) NO. 328/2024 ```