PRADEEP V. v. STATE OF KERALA & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** ## **WP(C).No.24620 OF 2020(B)** ## **PETITIONER:** **PRADEEP. V AGED 37 YEARS WISWANATHAN NAIR, PRADEEP NIVAS, KANJIRAMKONAM, KILIYOOR, VELLARADA P.O., THIRUVANANTHAPURAM-695 505.** **BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.D.JAYAKRISHNAN SMT.SREEDEVI S. SMT.A.V.INDIRA** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.** - **2 THE DIRECTOR OF INDUSTRIAL TRAINING, DIRECTORATE, 4TH AND 5TH FLOORS, LABOUR COMPLEX, VILAS BHAVAN, TRIVANDRUM-695 033.** - **3 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., TRIVANDRUM-695 004.** - **4 THE NATIONAL COUNCIL FOR HOTEL MANAGEMENT AND CATERING TECHNOLOGY, MINISTRY OF TOURISM., GOVERNMENT OF INDIA, LIBRARY AVENUE, PUSA COMPLEX, NEW DELHI-110 102.** - **R1 BY GOVERNMENT PLEADER R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** ## **OTHER PRESENT:** ## **GP BIJOY CHANDRAN SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2901-2021, THE COURT ON 02-03-2021 DELIVERED THE FOLLOWING:** W.P.(C).No.24620/2020 2 ## **JUDGMENT** ## **Dated this the 2[nd] day of March 2021** - 1.This writ petition is filed with the following prayers:- “i. Issue a writ of certiorari or other appropriate writ, order, or direction, calling for the records leading up to Exhibit P6 GO. ii. Declare that the writ petitioner's qualification viz, post graduate diploma in Accommodation Operation and Management certified by the 4[th] Respondent is equivalent to the qualification prescribed for the post of Junior Instructor in Hospital Housekeeping. Iii. Issue a writ of mandamus or other appropriate writ, order, or direction commanding the 1[st] respondent to issue equivalency certificate to the writ petitioner reckoning his post graduate diploma in Accommodation Operation and Management certified by the 4[th] Respondent.” - 2.Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Assistant Solicitor General of India and the learned Standing Counsel appearing for the 3[rd] respondent. 3. It is submitted that the petitioner is a holder of Post Graduate - Diploma in Accommodation Operation and Management certified by the 4[th] Respondent, National Council for Hotel Management and Catering Technology. The petitioner is W.P.(C).No.24620/2020 3 included in the short list for the post of Junior Instructor in Housekeeping, notified by the 3[rd] respondent PSC as per category No.539/2012 dated 15.11.2017. He was omitted from the final ranked list citing his lack of prescribed qualification. Consequently, the petitioner had sought equivalency of his qualification by applying before the 2[nd] respondent, Director. The said claim was rejected against which the petitioner filed a representation before the 1[st] respondent Government. Thereafter W.P.(C).No.28000 of 2018 was filed by him before this Court. Vide Ext P5 judgment, this Hon’ble Court directed the 1[st] respondent Government to decide the matter which resulted in issuance of Ext P6 GO which rejected the claim for equivalency was rejected. It is submitted by the learned counsel for the petitioner that Ext.P6 GO relies solely on Ext P7 report of the Technical Committee which did not have any member from the requisite trade/branch. Exts P9 to P13 are relied on to contend that the Accommodation Operation is the modern contemporary name for Housekeeping. 4. The learned counsel for the petitioner submits that the reliance placed on the Exhibit P7 report by the authorities W.P.(C).No.24620/2020 4 concerned is misplaced. The report is rendered by a body that is not competent to examine the qualification of the petitioner and is therefore void ab initio. The technical committee, the competent authority, and the appellate authority have failed to notice relevant facts, about the history of the nomenclature of the qualifications in question. In addition to the incompetency of the members to decide the claim, the deliberative process of the committee also fails the objective standard and therefore Ext.P6 Government Order is liable to be set aside. Reliance is placed on a decision of the Apex Court in **Jyothi K.K and others v. Kerala Public Service Commission** [(2010) 15 SCC 596]. 5. A statement is filed on behalf of the 1[st] respondent. It is stated that a diploma in the concerned branch from a Government or Government recognised polytechnic or its equivalent qualification is one of the qualifications prescribed for the post of Junior Instructor (Hospital Housekeeping). Petitioner is a graduate in commerce. Part III of the degree was in Tourism and Hotel Management. He had a Post Graduate Diploma in Accommodation Operation and Management issued by the W.P.(C).No.24620/2020 5 National Council for Hotel Management and Catering Technology. It is stated that equivalency was declined by the 2[nd] respondent on the basis of the report of the technical committee. It is stated that the appeal preferred by the petitioner was considered on the basis of the directions of this Court. It is stated at paragraph 5 as follows:- “In the Meantime, the Petitioner submitted a representation before this respondent stating that the Technical Committee members, who had submitted the report are not having any direct technical knowledge to assess the equivalency of Post Graduate Diploma in Accommodation Operation and Management issued by National Council for Hotel Management and Catering Technology with the Diploma in Hospital Housekeeping. Since the petitioner had raised an objection regarding the qualification of the Technical Committee, the 2[nd] respondent constituted another Technical Committee including experts from other departments to examine the equivalency. The Committee vide Exhibit P7, submitted its report to the 2[nd] respondent. The Technical Committee examined the syllabus of National Council for Vocational Training (NCVT) in Hospital House Keeping trade and Post Graduate Diploma in Accommodation Operation & Management course conducted by Institute of Hotel Management and Catering Technology.” 6. It is further stated that Exhibits P9, P11, P12 and P13 cannot be relied on to support the claim of equivalence. It is further stated that there is no indication in the Exhibit P9 that Post ## W.P.(C).No.24620/2020 6 Graduate Diploma in Accommodation Operation & Management course of National Council for Hotel Management and Catering Technology is equivalent to Diploma in Hospital Housekeeping. Hence on the basis of Exhibit P9, the petitioner is not eligible for the post of Junior Instructor (Hospital Housekeeping) trade in Industrial Training Department. Exhibit P10 also states that the name of the course “Certificate Course in Housekeeping" conducted by the Institute of Hotel Management and Catering Technology by the Food Craft Institutes was changed as "Certificate Course in Hotel Accommodation Operation". It is pertinent to note that Food Craft Institute is not conducting any courses relating to Hospital Housekeeping. 7. It is further stated that Exhibits P9, P11, P12 and P13 cannot be relied on to support the claim of equivalence. It is further stated that there is no indication in the Exhibit P9 that Post Graduate Diploma in Accommodation Operation & Management course of National Council for Hotel Management and Catering Technology is equivalent to Diploma in Hospital Housekeeping. Hence on the basis of W.P.(C).No.24620/2020 7 Exhibit P9, the petitioner is not eligible for the post of Junior Instructor (Hospital Housekeeping) trade. in Industrial Training Department. Exhibit P 10 also states that the name of the course “Certificate Course in Housekeeping" conducted by the Institute of Hotel Management and Catering Technology by the Food Craft Institutes was changed as "Certificate Course in Hotel Accommodation Operation". It is pertinent to note that Food Craft Institute is not conducting any courses relating to Hospital Housekeeping. - 8.It is submitted that, Exhibits P11, P12 and P13 do not support the proposition that Post Graduate Diploma in Accommodation Operations & Management conducted by National Council for Hotel Management and Catering Technology (NCHMCT) is the higher qualification / equivalent qualification for Diploma in Hospital Housekeeping. 9. A reply statement is filed by the petitioner contending that the petitioner secured the highest marks in the OMR test and that persons included in the ranked list had secured only lower marks. It is contended that the the mark list and syllabus W.P.(C).No.24620/2020 8 submitted by the petitioner along with the appeal would show that the petitioner studied the papers required as separate topics in his P.G.Diploma and that this aspect is not noticed at all. Documents are also placed on record in support of this contention. 10.I have considered the contentions advanced. The qualification prescribed being a diploma in the concerned branch, it is only if the qualification possessed by the petitioner is equivalent to a diploma in Hospital Housekeeping that the petitioner would be eligible to be considered in the selection for the post of Junior Instructor (Hospital Housekeeping). The question of equivalence of the qualification had been considered initially in Exhibit P2 and rejected. The petitioner submitted an appeal and produced documents including the syllabus of the course undergone by him and the syllabus of the Hospital housekeeping diploma conducted by the Central Staff Training and Research Institute of the Government of India. The said appeal was directed to be considered by Exhibit P5 judgment. Exhibit P6 reveals a consideration of the appeal on the basis of a technical committee report. It is stated that Exhibit P7 is the report of the technical committee. W.P.(C).No.24620/2020 9 11.The counter affidavit filed by the 1[st] respondent would show that a technical committee had initially been constituted to which the petitioner had raised objections. Considering the objections of the petitioner, the 2[nd] respondent constituted another technical committee including experts from other departments to examine the question of equivalency. It is thereafter that the said committee considered the issue and submitted Exhibit P7 report. It is stated that Exhibit P8 would show the credentials of the members of the committee. It is submitted that Exhibit P6 decision was rendered on 6.4.2019. Long thereafter, this writ petition was filed on 10.11.2020 challenging the competence of the members of the technical committee. It appears from Exhibit P7 that the contentions of the petitioner with regard to the equivalency of the qualifications have been considered by the Committee. I am of the opinion that the petitioner cannot, at this distance of time, challenge the very constitution of the committee which considered the issue of equivalency. W.P.(C).No.24620/2020 10 12.The further contentions of the petitioner are with regard to the merits of the claim for equivalency. In view of the fact that technical committee had been constituted and had entered specific findings with regard to the equivalency, this Court could not be justified in going into the merits of the matter, since the jurisdiction being exercised is not an appellate jurisdiction and this Court is only concerned with the legality of the proceedings. In the above factual situation, I am of the opinion that the prayers sought for in the writ petition cannot be granted. The writ petition fails and the same is accordingly dismissed. sd/- **Anu Sivaraman, Judge** sj W.P.(C).No.24620/2020 11 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF POSTGRADUATE DIPLOMA CERTIFICATE NO.03/00164 IN ACCOMMODATION OPERATION AND MANAGEMENT ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF RTI APPLICATION FROM DATED 07.01.2018.** - **EXHIBIT P3 TRUE COPY OF REPLY OF 2ND RESPONDENT DATED 18.01.2018 REJECTING THE PETITIONERS CLAIM.** - **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 07.05.2018 ADDRESSED TO THE GOVERNMENT.** - **EXHIBIT P5 TRUE COPY OF ORDER OF HON'BLE HIGH COURT DATED 04.,09.2018 IN WPC 28000/2018.** - **EXHIBIT P6 TRUE COPY OF GO(RT) NO.438/2019/LABOUR DATED 06.04.2019 ISSUED BY 1ST RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE TECHNICAL COMMITTEE REPORT SIGNED BY ITS MEMBERS DATED 28.02.2019.** - **EXHIBIT P8 TRUE COPY OF RTI REPLY DATED 24.05.2019. EXHIBIT P9 TRUE COPY OF GO(MS) S3/93/H.EDN DATED 09.05.1995.** - **EXHIBIT P9 A TRUE COPY OF THE LEGIBLE TYPED VERSION OF GO(MS) S3/93/H.EDN DATED 09.05.1995.** - **EXHIBIT P10 TRUE COPY OF LETTER NO.FCI/2016/061 DATED 13.11.2017 ISSUED BY THE FOOD CRAFT INSTITUTE.** **EXHIBIT P11 TRUE COPY OF CIRCULAR NO.5/2014 DATED 24.02.2014 ISSUED BY THE 3RD RESPONDENT.** W.P.(C).No.24620/2020 12 **EXHIBIT P12 TRUE COPY OF LETTER NO.ST/EXAM/CERTIFICATE/18/NC ISSUED BY 4TH RESPONDENT DATED 23.04.2018. EXHIBIT P13 TRUE COPY OF THE LETTER NO.B3/3/2020TOURISM DATED 11.03.2020 ISSUED BY THE TOURISM DEPARTMENT. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF NATIONAL GUIDELINES FOR CLEAN HOSPITALS, 2015.** True copy PS to Judge