Remani G. v. Kerala Public Service Commission and The Kerala State Coir Corporation Ltd.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940** **WP(C).No. 22495 of 2018** ## **PETITIONER** **REMANI.G., D/O.GOPALAKRISHNAN V., RESIDING AT MADAPRA HOUSE, ETTUMANOOR, KOTTAYAM, KERALA-686 631** **BY ADVS.SRI.A.JAYASANKAR** **SRI.MANU GOVIND SRI.ASHWIN SETHUMADHAVAN SMT.B.MEERA SRI.S.SABARINADH SRI.RAHUL SURENDRAN** ## **RESPONDENT(S)** **1. KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O. THIRUVANANTHAPURAM 695 004 REP. BY ITS CHAIRMAN** **2. THE KERALA STATE COIR CORPORATION LTD., P.B.NO.191, ALAPPUZHA, KERALA-688 001; REP. BY ITS MANAGING DIRECTOR** **R BY SRI.P.C.SASIDHARAN, SC, KPSC** **R BY SRI.B.S.SYAMANTHAK, SC, KERALA STATE COIR CORPORATION LIMITED** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mks** ## **W.P(C).No. 22495 of 2018 (J)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **EXHIBIT P1 A TRUE PHOTOCOPY OF THE DEGREE OF 'MASTER IN BUSINESS ADMINISTRATION DATED 16.12.2013 AWARDED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.** - **EXHIBIT P2 A TRUE PHOTOCOPY OF THE NOTIFICATION [CATEGORY NO.659/2014] DATED 31.12.2014 INVITING APPLICATIONS FOR THE POST OF PERSONNNEL MANAGER IN THE 2ND RESPONDENT CORPORATION.** - **EXHIBIT P3 A TRUE PHOTOCOPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER WITH THE 1DT RESPONDENT, IN RESPONSE TO EXHIBIT P2 NOTIFICATION,DATED 03.02.2015** **EXHIBIT P4 A TRUE COPY OF THE ADMISSION TICKET BEARING REGISTER NO.S. 101259 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO. IND-E1/1/233/2017-IND DATED 13.11.2017 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE SECRETARY OF THE 1ST RESPONDENT.** - **EXHIBIT P6 A TRUE COPY OF THE GOVERNMENT ORDER BEARING NUMBER G.O.(RT) NO.1593/2017/IND. DATED 22.11.2017** - **EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGE OF MATHRUBHUMI THOZHIL VARTHA DATED 30.06.2018** ## **RESPONDENTS EXHIBITS** ## **NIL** **mks** ## **P.V.ASHA J.** **-----------------------------------W.P.(C).No.22495 of 2018 -------------------------------------** Dated this the 5[th] day of July, 2018 ## **J U D G M E N T** Petitioner, who is a candidate who appeared for selection for appointment to the post of Personnel Manager in the Kerala State Coir Corporation Limited (hereinafter referred to as 'the Corporation'), pursuant to Ext.P2 notification published by the Public Service Commission, has filed this writ petition seeking a declaration that she is eligible and entitled for being considered for appointment to the post of Personnel Manager. 2. The qualification prescribed in Ext.P2 notification for appointment to the post of Personnel Manager in the Corporation is MBA with Personal W.P.(C).No.22495 of 2018 2 Management from a recognized University/Institution or Degree in Law of a recognized University with specialization in Labour Laws. The qualification possessed by the petitioner is MBA in Human Resource Management, Marketing, as can be seen from Ext.P1 Degree certificate issued by the Mahatma Gandhi University. Petitioner relies on Ext.P5 letter issued by the Government on 13.11.2017 addressed to the Secretary, Public Service Commission, informing that the MBA in Human Resource and Degree in Law with specialization in Labour Law can be considered for appointment as Personnel Manager in the Kerala State Coir Corporation. She also relies on Ext.P6 Government Order-G.O.(RT).No.1593/2017/ID dated 22/11/2017 by which the qualification for appointment to the post of Personnel Manager in the Kerala State Coir Corporation has been fixed as MBA in Personal Management or in Human Resource or Degree in Law with W.P.(C).No.22495 of 2018 3 specialization in Labour Law. It is stated that the written test for the post notified is already over and interview is being held for the post. 3. Ext.P5 letter only says that the qualification possessed by petitioner can only be treated as the one prescribed, whereas in Ext.P6 a new qualification is introduced, by which MBA holders in Human Resource Management are also made eligible for appointment to the post. However both Exts.P5 and P6 are subsequent to the last date fixed for receipt of applications viz. 04.02.2015, in Ext.P2 notification, inviting applications for appointment to the post. 4. Apart from that the learned Standing Counsel for the second respondent as well as the learned Standing Counsel for the Public Service Commission submits that even though Ext.P6 order has been issued, rules relating to the qualifications for the W.P.(C).No.22495 of 2018 4 post in the Corporation are yet to be amended with the approval of Public Service Commission incorporating the newly introduced qualification mentioned in Ext.P6 order and there is no notification inviting applications with the qualification mentioned in Ext.P6. 5. Ext.P2 notification only invites applications from among persons with MBA in Personal Management. It does not provide for any other qualification or equivalent qualification. It is settled law in the light of the judgment of this Court in **Suma v. Kerala Public Service Commission** [2011 (1) KLT 1] and the judgment of the Apex Court in **Nagaland Public Service Commission v. State of Nagaland** [(2017) 13 SCC 498] that the Public Service Commission has to go by the qualifications prescribed in the rules and it has no authority to improve upon the qualifications prescribed in the Special Rules W.P.(C).No.22495 of 2018 5 and it is for the State to amend the qualification. As long as the qualification prescribed in the special rules do not provide for appointment of persons with equivalent qualifications, Public Service Commission will not have any authority to make selection of candidates with equivalent qualification. Similarly if at all the qualification is amended, in the absence of a notification, inviting applications from among candidates with the amended qualification, no selection can be validly conducted from among candidates with amended qualification, as otherwise it will be a fraud on public as held by the Apex Court as early as in **District Collector & Chairman, Vizianagaram S.W.R.S. Society v. M.Tipura Sundari Devi** [(1990) 3 SCC 655]. 6. Therefore unless there is a notification inviting applications with the qualifications mentioned in Ext.P6, petitioner cannot have any claim W.P.(C).No.22495 of 2018 6 for participating in the selection pursuant to Ext.P2, as long as she did not have the qualification prescribed in the notification. There cannot also be a notification unless and until the recruitment rules relating to the post are amended in accordance with law. In the above circumstances, I find that the petitioner is not eligible for consideration in the selection for appointment to the post of Personnel Manager, which is being held pursuant to Ext.P2 notification. The writ petition is accordingly dismissed. Sd/- **P.V.ASHA, JUDGE.** AS