W.A. Nos. 1874 of 2012 & 2193 of 2012

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937** **WA.No. 1874 of 2012 () IN WP(C).36709/2008 -------------------------------------------AGAINST THE JUDGMENT IN WP(C) 36709/2008 of HIGH COURT OF KERALA DATED 14-09-2012** **APPELLANTS/NOT PARTIES IN WPC.: ------------------------------** **1. MANIKANDAN M.A. SAYOOJYAM, MADAPPALLY, MUKUNDAPURAM P.O. CHAVARA, KOLLAM DISTRICT.** **2. SHABI B.S. S/O.LATE A.BADARUDEEN, SHABI MANZIL, MARAVAKUZHI THATTATHUMALA P.O., THIRUVANANTHAPURAM-695614.** **BY ADVS.SRI.B.RADHAKRISHNA PILLAI SMT.S.AMBIKA DEVI** **RESPONDENTS/PETITIONERS 1-5 & RESPONDENTS 2 AND 1 & 3 AND 4 & ADDITIONAL RESPONDENTS 5 TO 58: -----------------------------------------------------------** **1. SURESH KUMAR B KIZHAKKUMKARA PUTHEN VEEDU, KATHIKKAMPARA, MUTHIYACODE MARANGADU P.O., ARYANAD, THIRUVNANTHAPURAM 695004.** **2. ANEESH G.S. S/O. SREEDHARAN PILLAI S, CHOTHI KADUVAIL ATTINGAL P.O., THIRUVANANTHAPURAM 695 101.** **3. JAYACHANDRAN K. S/O. KRISHNANKUTTY CHETTIAR, DESINGANADU NAGAR 127 KAMBIPURAYIDOM, ASRAMAM P.O., KOLLAM 691 002.** **4. ABDUL NIZAR T., S/O. ISMAIL KUNJU, VAYALISSERIL, MARU SOUTH ALUMKADAVU P.O., KARUNAGAPPALLY - 690 578.** **5. KISHORE A.S., S/O. K.ARJUNAN, KISHOR BHAVAN, KUREEPUZHA P.O. KOLLAM - 691 604.** **WA.No. 1874 of 2012** **2** **6. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF WATER RESOURCES, SECRETARIAT THIRUVANANTHAPURAM-695001.** **7. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM-695004.** **8. THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALABHAVAN THIRUVANANTHAPURAM-695542.** **9. GIRIJA K. PANDANCODE HOUSE, ANCHUMOORTHI P.O. PALAKKAD DISTRICT - 678682.** **10. RAJESH K.M., AGED 27 YEARS, S/O.K.M.MUKUNDAN, KALATHRAVELI HOUSE PERUMPALAM P.O., ALAPPUZHA - 688570.** **11. SHIJO K.B., AGED 27 YEARS, S/O.K.K.BALAKRISHNAN, KALATHIPARAMBIL THEVARKKAD, VARAPPUZHA P.O., ERNAKULAM-683517.** **12. MUHAMMED NIYAS M.H. MURAYINCHIRA HOUSE, PATTIMATTOM P.O. ERNAKULAM - 686351.** **13. SUNESHKUMAR M.P. "SINDHU NIVAS", PATHIRIYAL P.O., MANJERI-3 (VIA) MALAPPURAM DISTRICT - 676505.** **14. PRASAL C., THADATHIL, MAYYANNUR P.O., VADAKARA KOZHIKODE-673001.** **15. SHIBU P., PALLIYIL HOUSE, POOKOTTUR P.O. MALAPPURAM DISTRICT-676505.** **16. SHAFI A.S. HILAL MANZIL, NEDUMPANA P.O., NEDUMPANA KOLLAM DISTRICT - 691001.** **17. ABDUL SAMEEL M. MOOCHITHODAN HOUSE, KARAPARAMBA, PULPATTA P.O. PIN-676126.** **18. SUNIL KUMAR P.K. PARACKAL HOUSE, MOOTHEDAM P.O., EDAKKARA MALAPPURAM DISTRICT - 676505.** **WA.No. 1874 of 2012 3** **19. ABHILASH S. VARKALAVILA VEEDU, CHEERANCAVU, EZHUKONE P.O. KOLLAM DISTRICT - 691001.** **20. JAYAN JOSE, VADAKKAKAT HOUSE, T.SQUARE ROAD, PACHALAM P.O. KOCHI-12.** **21. JOSEPH C.V. CHACKALAMALAYIL HOUSE, MANTHONDUKUNNU SULTHAN BATHERY P.O., WAYANAD DISTRICT - 673592.** **22. SAJITH V.C. VEPPANCHERI HOUSE, VATAYAM POST, KOZHIKODE-673518.** **23. BINSHU K.P. KAKKANADAN PARAMBATH HOUSE, PAYANDOOR P.O. NANMINDA (VIA), KOZHIKODE, PIN-673001.** **24. SUJITH V.K. VAZHAYIL HOUSE, PUDUPANAM P.O., VATAKARA KOZHIKODE-673001.** **25. SURABIL K. KARIMBAYIL VILASAM, PUTHIYARA P.O., KOZHIKODE PIN-673001.** **26. JAGADEESH G., KRISHNA VILASAM, POOKKOOTUMPADAM P.O. NILAMBUR-679329.** **27. SAJUMON N., NADAKKAVIL HOUSE, THOZHUVANNUR, VIA. VALLANCHERRY MALAPPURAM DISTRICT - 676505.** **28. ANEESHKUMAR L. NEDUMBALAYIL HOUSE, AYANIVELIKULANGARA S.V.MARKET P.O., KARUNAGAPPALLY KOLLAM DISTRICT - 691001.** **29. RAJESH S PUTHENVEETTIL THARAYIL VENGARA THODIYOOR NORTH P.O KARUNAGAPPALLY KOLLAM 691001** **30. ABDUL GAFOOR MATHOAT HOUSE MANIPURAM P.O KODUVALLY** ## **31. RAJESH KUMAR** **R.R NIVAS PUNUKANNOOR PERUMPUZHA KUNDARA KOLLAM 691001** **32. RENJITH V CHARUVILA PUTHENVEEDU EDAKADAM P.O EZHUKONE, KOLLAM 691001** **WA.No. 1874 of 2012 4** **33. LALJI G KUTTIYIL HOUSE PUTHOOR P.O KOLLAM 691 001** **34. IBRAHIM K.T KAIKULAM THODIKAYIL HOUSE P.O MAVOOR PARAMMEL KOZHIKODE 673 001** **35. JITHESH G.M JEE NILAYAM VILLIAPPALLY P.O VADAKARA KOZHIKODE 673 001** **36. SHABEER ALI MS EDAYILE VEEDU NETTAYAM P.O KOLLAM 691001** **37. NISARUDEEN K KUNNAKKALAM HOUSE CHENGARERI MANNARGHAT PALAKKAD 678 001** **38. ANEESH V.K VATTAPPARAMBIL HOUSE OALANAD VARAPPUZHA ERNAKULAM DISTRICT 683517** **39. ANU B ARATHIL PUTHEN VEEDU MYLAKKADU P.O KOTTIYAM KOLLAM 691571** **40. PRINCE FRANCIS PANCHAKUNNEL HOUSE PALA P.O 12TH MILE PALA, KOTTAYAM 686001** **41. SYAM K.V KANIYARKUDY HOUSE POOLANY MELUR P.O THRISSUR 680001** **42. SUNIL KUMAR SAYANTHANAM NOCHIMA NAD P.O ALUVA 683 101** **43. THE DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM 695001** **44. JAYARAJ K JAYARAJ NIVAS PAZHAVEEDU P.O ALAPPUZHA 688001** **45. ASSIS A.M APPAKKAL HOUSE CHERUVATTOOR P.O KOTHAMANGALAM 686691** **46. K.L VISWANATHAN KESUPARAMBIL CHIRACKAKAM VARAPUZHA 683517** **47. CYRIL KUMAR KOCHUVELI KAYIPPURAM MUHAMMA P.O ALAPPUZHA 688001** **48. TONYLAL T, T AND C BUILDING UDIYANKULLANGARA AMARAVILA P.O TVM 22** **49. SHAJA V.A VELIYIL HOUSE CMC 7 CHERTHALA PO 688056** **50. VIJAYAKUMAR D.A. AMBALAVILAYIL VEEDU KUNNAM P.O MAVELIKKARA 690101 WA.No. 1874 of 2012 5** **51. SUMESH P DEVASWOMNIKARTHIL THATHAMPALLY P.O ALAPPUZHA 688001** **52. SATHEESH KUMAR EMPRANTHIRI** **OPERATOR P.H DIVISION KERALA WATER AUTHORITY THRISSUR (RESIDING AT THEKEPUTHENMADAM PERINJANAM MOONEPEEEDIKA 680686)** **53. SANOOJ S OPERATOR P.H DIVISION KERALA WATER AUTHORITY THIRUVALLA (RESIDING AT THANNIMOOLAMELATHIL VETTUVILA PERUNADU P.O KOLLAM 691001** **54. JOSEPH C.V OPERATOR P.H DIVISION KERALA WATER AUTHORITY SULTHAN BATHERY WAYANNAD (RESIDING AT CHAKAMALAYIL HOUSE MATHONDIKUNNU SULTHAN BATHERY P.O WAYANAD 673 592** **55. REXIN P.S** **OPERATOR P.H DIVISION KERALA WATER AUTHORITY KOLLAM (RESIDING AT ARADHANA KOTTIYAM P.O KOLLAM 691001** **56. DEEPU B S/O.R BABU OPERATOR KERALA WATER AUTHORITY ATTINGAL DIVISION, VARKALA SUB DIVISION SECTION II THIRUVANANTHAPURAM 695001** **57. SHIJU MAJEED P S/O. P.A ABDUL MAJEED OPERATOR KERALA WATER AUTHORITY IRINJALAKUDA DIVISION CHALAKUDY SUB DIVISION CHALAKUDY SECTION THRISSUR DISTRICT 680001** **58. BIJU S** **OPERATOR KERALA WATER AUTHORITY P H DIVISION KOTTIYAM KOLLAM DISTRICT 691 001** *** R59. PRAVEEN K, S/o. P.M.KRISHNAN AMBALAPARAMBIL HOUSE PANNIYAMNPADAM, MUTTIKULANGARA P O PALAKKAD 678 594** *** R60. RAVIKUMAR V, S/o.VELAYUDHAN THOTTENKAR HOUSE, PALLASSANA POST PALAKKAD - 678 505** **R8 BY ADV. SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY RADDL 59 BY ADV. SRI.KALEESWARAM RAJ BY SRI.N.N.SUGUNAPALAN BY SRI.T.NAVEEN BY SRI.V.RAJENDRAN BY SRI.S.P.ARAVINDAKSHAN PILLAY BY GOVERNMENT PLEADER: SRI P.P. PADMALAYAN BY SRI.K.RAMAKUMAR (SR.)** **( * R59 AND * R60 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 59 AND 60 VIDE ORDER DATED 3/12/12 IN I.A.945/12)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-08-2015 ALONG WITH W.A.NO.2193/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WA.No. 1874 of 2012** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **ANNEXURE A1 : THE PHOTOCOPY OF THE RELEVANT PAGES OF THE RANKED LIST (PRODUCED AS EXT.P13)** **ANNEXURE A2 : THE PHOTOCOPY OF THE APPOINTMENT CHART SHOWING the UP TO DATE DETAILS OF APPOINTMENT OF OPERATORS IN KERALA WATER AUTHORITY FROM the RANKED LIST** **ANNEXURE A3 : THE PHOTOCOPY OF the APPOINTMENT CHART DATED 23.08.2012 SHOWING THE LAST PERSON ADVISED AS RANK NO.1096** **ANNEXURE A4 : THE TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.C.7688/2007 DATED 16[th] AUGUST 2007** **ANNEXURE A5 : THE TRUECOPY OF the JUDGMENT OF THIS HONOURABLE COURT DATED 01.10.2007 IN W.A.1230/2007** **ANNEXURE A6 : THE TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE EQUIVALENCY COMMITTEE MEETING OBTAINED FROM STATE PUBLIC INFORMATION OFFICER DATED 31.07.2012.** **ANNEXURE A7: THE TRUE PHOTOCOPY OF THE RELEVANT PAGES OF the PROSPECTUS FOR ADMISSION TO DIPLOMA PROGRAMMES (EVENING) UNDER THE DIRECTORATE OF THE TECHNICAL EDUCATION FOR THE YEAR 2012-2013** ## **RESPONDENTS' EXHIBITS:NIL** **True Copy /** **P.A to Judge** **'CR'** ## **THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.** ============================== **W.A.Nos.1874 and 2193 of 2012** ============================== Dated this the 4[th] day of August, 2015 ## **JUDGMENT** ## **Thottathil B. Radhakrishnan, J.** Heard the learned counsel for the appellants in both the appeals and the learned counsel for the contesting respondents who are the petitioners in the writ petition from which these appeals arise. 2. W.A.No.1874 of 2012 is filed by two candidates included in the rank list which was challenged in the writ petition that led to the impugned judgment. They plead that they are adversely affected by the judgment impugned, though they were not parties to the writ petition. They have been granted leave to appeal against the judgment in the writ petition. 3. W.A.No.2193 of 2012 is by the Kerala Public Service Commission challenging the judgment in so far as the principles attempted to be settled through the impugned judgment are pleaded as erroneous. 4. The Public Service Commission notified vacancies for selection to the category of Operator in the Kerala Water Authority, hereinafter referred to as 'KWA'. The service in the KWA is governed by the provisions of the Kerala Public Health Engineering W.A.1874/12 & 2193/12 2 Service Rules in so far as State service categories are concerned and Kerala Public Health Engineering Subordinate Service Rules which relate to the subordinate service. Those rules have been adopted by the KWA. 5. The qualification prescribed for the post in question is as follows: “ (1) Pass in S.S.L.C Examination or equivalent qualification. (2) National Trade Certificate in the Trade of Mechanic (Motor Vehicle/Electrician)” The PSC notified the aforesaid qualification in its notification. In the selection process, it also considered candidates who had Diploma or Degree in some branches of Engineering. When the short list was prepared, a writ petition was filed challenging the action of PSC. After the publication of the rank list, the writ petition was amended, however without impleading all the selected candidates, in particular, those who have instituted W.A.No.1874 of 2012. The learned single Judge concluded that Diploma or Degree cannot be treated as qualifications which are higher qualifications to the trade certificate which was prescribed and there was no way for the PSC to go by a principle of equivalence in bringing persons also within the field of choice. The writ petition was so ordered W.A.1874/12 & 2193/12 3 however directing that appointments already made would not be disturbed and that the declaration would affect the appointments to be made in future from the rank list. 6. At the outset, we may note that it is trite law that without impleading necessary parties to a writ petition, such a question could not have been decided, particularly, when rights of persons in W.A.No.1874 of 2012 would stand abridged without being heard. The appellants in that case are included in the rank list. Their identity was certain. Their eligibility to be appointed was found by the PSC and they had therefore the vested right to be offered appointments from the rank list. So much so, the impugned judgment cannot, in any manner, affect their right to be appointed in terms of the rank list. The judgment impugned in W.A.No.1874 of 2012 does not affect their such eligibility and the said judgment shall not be operated in any manner adverse to the interest of the appellants in W.A.No.1874 of 2012. It is so ordered. 7. Onto the larger question raised by the PSC and the appellants in W.A.No.1874 of 2012, vis-a-vis, the contentions of the writ petitioners who succeeded before the learned single Judge, we need to note that the different categories in subordinate service stand with prescribed qualifications of National Trade Certificate, W.A.1874/12 & 2193/12 4 Diploma and Degree. Coming to the State service, we see that the different categories under that service stand with qualifications of Diploma and Degree being prescribed. We also see a provision whereby, there is proportionate advancement by way of promotion or by transfer appointments from lower categories to higher categories until those in the subordinate service reach the State service. Taking into consideration the structure of the hierarchy in both the services together and the different qualifications prescribed, we cannot, but, apply the precedent laid down by the Honourable Supreme Court of India in **Jyoti K.K. & Ors. v. Kerala Public Service Commission & Ors. [JT 2002 (Suppl.1) SC 85]** which laid down, among other things, that if a person has acquired higher qualifications in the same faculty, such qualification can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. We are not persuaded to apply the ratio of the decisions in **Janardhanan K & Others v. State of Kerala & Others [2008(3) KHC 299]** and **Abdul Salam v. Executive Officer [2011(3) KLT 204]** since the issues dealt with therein are not appropriate to be applied to the case in hand, while the precedential value of **Jyoti** (supra) runs to support the case of the appellants. W.A.1874/12 & 2193/12 5 8. We may also at this juncture refer to the affidavit filed on behalf of the additional 38[th] respondent before the learned single Judge. The Director of Technical Education was required during the course of consideration of the writ petition to file an affidavit on issues involved in the case. That direction was issued after suo motu impleading the Director of Technical Education as an additional respondent. The Deputy Director, Curriculum Development Centre filed a detailed affidavit before the learned single Judge on behalf of the Director stating, among other things, as follows: “ ............................. 2. This Honourable Court on 14[th] January 2011, directed the additional 38[th] respondent who was suo motu impleaded in the writ petition(C) to file an affidavit on the issues involved in the case. 3. Issues in the writ petition pursuant to the interim order, were placed before the Equivalence Committee meeting held on 03.02.2011 at the Directorate of Technical Education, Thiruvananthapuram. The Committee includes:- a. Prof.C.Sam, Senior Joint Director (Engineering College Stream), Directorate of Technical Education. W.A.1874/12 & 2193/12 6 b. Sri.K.P.Salim Kumar, Senior Joint Director (Polytechnic Stream) Directorate of Technical Education. c. Sri.N.K.Rajan, Joint Director, Curriculum Development Centre, Kalamassery. d. Sri.N.Madhu, Deputy Director (Placement & Training) Directorate of Technical Education. e. Sri.K.P.Ajaya Kumar, Deputy Director (General), Directorate of Technical Education f. Sri.Saji T., Deputy Director, Curriculum Development Centre, Kalamassery g. Sri.L Rajendran, Project Officer, Directorate of Technical Education. The prescribed qualifications for the post is National Trade Certificate in Mechanic (Motor Vehicle/Electrician). This Honourable Court has directed the Director of Technical Education to give expert opinion whether the alternate qualifications suggested pre-suppose the acquisition of the prescribed qualification, National Trade Certificate in Mechanic (motor Vehicle/Electrician). The committee discussed the issue in the Academic perspective and came to the following conclusion considering the Academic Level of these courses and the nature of duties of the Operator at Water Authority. The following decisions were made regarding the acceptance of qualifications. W.A.1874/12 & 2193/12 7 a. Diploma/Degree in Electrical Engineering of Electrical and Electronics Engineering are Higher qualification which pre-supposes the acquisition of National Trade Certificate in Mechanic (Electrician). b. Diploma/Degree in Mechanical Engineering or Automobile Engineering are Higher qualification which pre-supposes the acquisition of National Trade Certificate in Mechanic (Motor Vehicle). c. National Trade Certificate in Diesel Mechanic can be considered equivalent to the National Trade Certificate in Mechanic (Motor Vehicle) for appointment as Operator in Water Authority. d. National Trade Certificate in Industrial Electrician can be considered equivalent to the National Trade Certificate in Mechanic (Electrician) for appointment as Operator in Water Authority. 4. In view of the above decision taken by the Committee, it is humbly submitted that, the higher qualifications mentioned in (a) and (b) above pre-suppose the acquisition of basic qualification prescribed for the post. The qualifications mentioned in (c) and (d) are equivalent to qualifications for the same post.....................................” W.A.1874/12 & 2193/12 8 The aforesaid is the view of a competent body dealing with technical education. The expertise of those persons who constituted the committee which decided the matter is indisputable. Under such circumstances, we do not find our way to disagree with the stand taken by the Director of Technical Education with the assistance of the committee, after having adverted to the relevant facts and factors. In this way also, we do not find our way to sustain the judgment of the learned single Judge. 9. For the aforesaid reasons, these writ appeals succeed. In the result, these writ appeals are allowed setting aside the impugned judgment, however, preserving the appointment of any among the writ petitioners, if already made. **==> picture [26 x 12] intentionally omitted <==** ## **THOTTATHIL B. RADHAKRISHNAN Judge** Sd/- **SUNIL THOMAS Judge** Sbna