High Court of KeralaSingle JudgeWrit petition dismissed

W.P.(C).No.15952 of 2014 (T)

Case / Petition Number:W.P.(C).No.15952 of 2014 (T)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2015-10-08
Court Decision / Holding
The writ petition would stand dismissed; however with the above observation. The court also directed consideration to amend the Rules to provide an equivalent qualification for Malayalam Lower Typewriting/Shorthand or to incorporate the petitioners’ specific qualifications.
Final Disposition
Writ petition dismissed

Parties to the Case

Appellants / Petitioners

  • Dilna B.
  • Divya House, Peruvattoor P.O., Kozhikode-673620
  • Beneesha Kumari V.P., Vayalil Purayil House, Edakkulam P.O., Koyilandi, Kozhicode-673306
  • Sreevidya K., Kalliath House, Pullyanchery, Muchukunu P.O., Kozhikode-673307
  • Jishi.K., Chathoth House, Kollam P.O., Kiyilandy Kozhicode-673307

Respondents

  • Managing Director, Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd., Thiruvananthapuram
  • Kerala Public Service Commission, represented by Secretary, Pattom, Thiruvananthapuram
  • Secretary, Kerala Public Service Commission, Pattom Thiruvananthapuram
  • State of Kerala, rep. by its Secretary, Higher Education Department, Thiruvananthapuram (Added as per IA 485/15)

Legal Representation & Advocates

Counsels for Petitioners

  • • SHEJI P. ABRAHAM

Counsels for Respondents

  • • C.S. Ajith Prakash
  • • P.C. Sasidharan
  • • M.J. Rajasree

Case Synopsis & Summary

The petitioners challenge Exhibit P1 notification for the post of Stenographer issued under the respondent- Corporation’s Recruitment Rules. The notification specifies qualifications: Graduation from a recognized university; English Typewriting Higher (KGTE/MGTE); English Shorthand Higher (KGTE/MGTE); Malayalam Typewriting Lower (KGTE) and Malayalam Shorthand Lower (KGTE). The petitioners hold Graduation plus a Diploma in Secretarial Practice, a course historically derived from the Diploma in Typewriting and Shorthand, recognized in Government orders as equivalent to KGTE English Higher and related English Shorthand/Typewriting standards. Government Order P4 expressly states that Preliminary Diploma Examinations and Final Diploma Examinations in Shorthand and Typewriting are treated as equivalent to various KGTE levels (English Higher and Malayalam Lower). The difficulty arises because the Recruitment Rules do not provide an equivalence for Malayalam Lower Typewriting/Shorthand, though the Government has recognized the Diploma as equivalent otherwise. The PSC contends, citing the Full Bench decision in Suma v. K.P.S.C., that it is not within the PSC’s remit to recognize a different qualification beyond the Rules. The petitioners also cite Rathish J. Babu v. PSC to show that Government can declare equivalency. The Court notes the PSC’s position is grounded in existing law but that the Rules do not include Malayalam Lower equivalence; hence relief cannot be granted, though the Government should consider amending the Rules. The writ petition is dismissed with a guiding observation to amend the Rules to include Malayalam Lower equivalence for such qualifications.

Provisions of Law Cited

Recruitment Rules of the Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd. (Exhibit P1)KGTE Examinations (Higher/Lower)G.O.(Rt).No.21/2003/H.EDNG.O.(Rt).No.464/87/H.EDNG.O.(Rt).No.1852/2006/H.EdnExhibit P4 Government Order recognizing diploma equivalence

Legal Doctrines & Maxims

  • Equivalency of qualifications
  • Government can declare equivalency of a qualification
  • PSC cannot recognize new qualifications beyond Recruitment Rules (as per Suma v. K.P.S.C., 2011(1) KLT 1 (FB))
  • Equivalence recognized by Government does not automatically operate within Recruitment Rules (as per Exhibit P1(a))
  • Division Benches’ proposition that Government may declare equivalence (Rathish J. Babu v. PSC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that their Graduation with a Diploma in Secretarial Practice should be treated as an equivalent to the KGTE Higher Typewriting/Shorthand for the post of Stenographer; Government Order P4 recognizes the Diploma as equivalent to KGTE English Higher, and the Government should amend the Recruitment Rules to include Malayalam Lower equivalence, so that their qualifications would be eligible for selection under Exhibit P1 and not be excluded merely for not fitting the exact language of the Rules.

Contentions of Respondents

The PSC argued that the recruitment rules govern qualification and that it is not for PSC to recognize qualifications beyond the stated rules; relying on the Full Bench decision in Suma v. KPSC that equivalence cannot be created beyond the Recruitment Rules; while Government has recognized some equivalences (per P4), the Malayalam Lower or other gaps are not covered in Exhibit P1(a). It also noted that the petitioners did not attack Exhibit P1 or P1(a) directly, and the law requires amendment to the Rules rather than extending relief to the petitioners.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Suma v. K.P.S.C.2011(1) KLT 1 (FB)PositiveFull Bench held that PSC cannot recognize a different qualification than that provided in Recruitment Rules; the court relies on this principle to uphold the PSC’s stance and reject the petitioner's claim for a broader equivalence.
Rathish J.Babu v. Public Service CommissionILR 2007 (4) Kerala 139PositiveDivision Bench held that Government can declare equivalency of a qualification; the judgment is cited to support the proposition that Government can recognise equivalence, though not to override the specific Recruitment Rules in this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 ## W.P.(C).No.15952 of 2014 (T) --------------------------------------------------- PETITIONER(S):- -------------------------- 1. DILNA.B., DIVYA HOUSE, PERUVATTOOR P.O., KOZHIKODE-673620. 2. BENEESHA KUMARI V.P., VAYALIL PURAYIL HOUSE, EDAKKULAM P.O., KOYILANDI, KOZHIKODE-673306. 3. SREEVIDYA K., KALLIATH HOUSE, PULLYANCHERY, MUCHUKUNNU P.O., KOZHIKODE-673307. 4. JISHI.K., - CHATHOTH HOUSE, KOLLAM PO, KIYILANDY KOZHIKODE-673307. BY ADV. SRI.SHEJI P.ABRAHAM. ## RESPONDENT(S): ---------------------------- 1. MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD., THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, PATTAM, THIRUVANANTHAPURAM. 3. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTAM THIRUVANANTHAPURAM. W.P.(C).NO.15952 OF 2014-T **- 2 -** - Addl.R4. STATE OF KERALA, REP. BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER - DATED 15.01.2015 IN IA 485/15. R1 BY STANDING COUNSEL SRI.C.S.AJITH PRAKASH. R2 & R3 BY STANDING COUNSEL SRI.P.C.SASIDHARAN. R4 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15952 of 2014 (T) -------------------------------------- ## **APPENDIX** PETITIONER(S)' EXHIBITS ------------------------------------EXT.P1: COPY OF THE NOTIFICATION OF THE 1ST RESPONDENT CORPORATION. EXT.P1a: COPY OF THE SERVICE RULES FOR THE 1ST RESPONDENT CORPORATION. EXT.P2: COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF TECHNICAL EXAMINATIONS OF KERALA TO THE 1ST PETITIONER. EXT.P2a: COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF TECHNICAL EXAMINATIONS OF KERALA TO THE 2ND PETITIONER. EXT.P2b: COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF TECHNICAL EXAMINATIONS OF KERALA TO THE 3RD PETITIONER. EXT.P2c: COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF TECHNICAL EXAMINATIONS OF KERALA TO THE 4TH PETITIONER. EXT.P3: COPY OF THE CURRICULUM DETAILS OF THE DIPLOMA COURSE. EXT.P4: COPY OF THE GOVERNMENT ORDER GORT. 464/87.H.EDN. DTD.21.2.87. EXT.P5: COPY OF THE SHORT LIST PUBLISHED BY THE 2ND RESPONDENT. EXT.P5a: COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P5b: COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P5c: COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXT.P5d: COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. **- 2 -** WP(C).No.15952 of 2014 (T) EXT.P6: COPY OF THE MAIN LIST PUBLISHED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXTP8: TRUE COPY OF THE FINAL YEAR MARK LIST OF THE 1ST PETITIONER. EXT.P8a: TRUE COPY OF THE FINAL YEAR MARK LIST OF THE 2ND PETITIONER. EXT.P8b: TRUE COPY OF THE FINAL YEAR MARK LIST OF THE 3RD PETITIONER. EXT.P8c: TRUE COPY OF THE FINAL YEAR MARK LIST OF THE 4TH PETITIONER. - EXT.P9: TRUE COPY OF THE GOVERNMENT ORDER DATED 12.1.07. - EXT.P10: TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE 2ND RESPONDENT TO ONE OF THEIR DISTRICT OFFICERS. ## RESPONDENT(S)' EXHIBITS/ANNEXURES:- ------------------------------------------------------------- - EXT.R1(a) TRUE EXTRACT/RELEVANT PAGE OF THE SERVICE RULES PRESCRIBING QUALIFICATION FOR THE POST OF STENOGRAPHER. - ANNEXURE R4(a) TRUE COPY OF THE G.O.(Rt).NO.21/2003/H.EDN. DATED 01.01.2003. - ANNEXURE R4(b) TRUE COPY OF THE G.O.(Rt).NO.464/87/H.EDN. DATED 21.02.1987. vku/- [ true copy ] ## K. Vinod Chandran, J ---------------------------------------- W.P.(C).No.15952 of 2014-T ---------------------------------------Dated this the 08[th] day of October, 2015 ## **JUDGMENT** The petitioners project a genuine grievance before this Court, with respect to the petitioners' qualification not being considered for selection under Exhibit P1 notification. 2. Exhibit P1 notification was issued as per the Recruitment Rules of the respondent-Corporation, at Exhibit P1 (a). The post notified was Stenographer. The qualifications for the said post were as follows: - “1. Graduation from recognized University or equivalent. 2. Typewriting English Higher (KGTE/MGTE) or equivalent. 3. Shorthand English Higher (KGTE/MGTE) or equivalent. 4. Typewriting Malayalam Lower (KGTE). 5. Shorthand Malayalam Lower (KGTE)” The petitioners have graduation from recognized University and a Diploma in Secretarial Practice. The Diploma in Secretarial Practice is a course which was earlier conducted as Diploma in Typewriting and Shorthand, as is noticed in Exhibit P3 order of the Government in G.O.(Rt) No.1852/2006/H.Edn. Dated 06.12.2006. - 2 - WP(C).No.15952 of 2014 ## 3. The Government has also issued Exhibit P4 order, in which it is indicated so: - “1. The Preliminary Diploma Examination in Shorthand and Typewriting conducted in the Govt. Commercial Institutes will be treated as equivalent to KGTE Examinations Lower Grades of Typewriting (English) and Shorthand (English). 2. The Final Diploma Examination in Shorthand and Typewriting conducted in the Govt. Commercial Institutes will be treated as equivalent to KGTE Examinations higher grades of Typewriting (English) and Shorthand (English) and also to the lower grades of Typewriting (Malayalam) and Shorthand (Malayalam)”. The Government treated the Diploma Examinations in Shorthand and Typewriting to be equivalent to the KGTE Examinations higher grade of Typewriting (English) and Shorthand (English) and also to the lower grades of Typewriting (Malayalam) and Shorthand (Malayalam). The difficulty arose insofar as the Recruitment Rules provide for an equivalent qualification only in Typewriting (English) Higher and Shorthand (English) Higher. For Malayalam (Lower), in Typewriting and Shorthand the Recruitment Rules does not provide for any equivalent qualification. 4. The learned counsel appearing for the Public Service Commission [for brevity “PSC”] contends that the issue is no longer _res integra_ , as a Full Bench of this Court in _**Suma v.**_ WP(C).No.15952 of 2014 - 3 - _**K.P.S.C.**_ **[2011(1) KLT 1 (FB)]** had considered the issue and found that it is not for the PSC to recognize a different qualification from that provided in the Recruitment Rules; as an equivalent qualification. There, the selection was to the post of Junior Scientific Officer, governed by the Kerala Chemical Examiner's Laboratory Service Special Rules, 1997. The Special Rules provided for a Masters Degree with 50% marks in Chemistry or Forensic Science or Bio-Chemistry. The PSC recognised a Masters Degree in Applied Chemistry, Organic Chemistry and Inorganic Chemistry as an equivalent qualification. The rejection of the PSC hence, is proper, is the contention. 5. The learned counsel for the petitioners would rely on a Division Bench decision of this Court reported in _**Rathish J.Babu v. Public Service Commission**_ **[ILR 2007 (4) Kerala** **139].** The Division Bench in the said case held that the Government can declare equivalency of a qualification. There can be no dispute to the said proposition. It has also been declared equivalent by the Government in Exhibit P4. But, however, here the fact remains that Exhibit P1(a) Recruitment Rules approved by the Government does not contain specification for treating an WP(C).No.15952 of 2014 - 4 - equivalent qualification to the reckoned with respect to Malayalam Lower-Typewriting and Shorthand. If the qualification was recognised as a higher one, the PSC could have reckoned it. Though the petitioners contend that the Course is more comprehensive than KGTE; the Government has treated it only as an equivalent qualification. 6. It is also to be noticed that there was no challenge to Exhibit P1 notification or to Exhibit P1(a) Rules. The petitioners had applied under the notification and turned back to treat their qualification as an equivalent one; on their candidature being rejected by the PSC. There can be no fault found in the rejection of their claim by the PSC, going by the Full Bench decision afore-cited. The fact that the qualification of the petitioners is equivalent to that provided in the notification and the Rules cannot enure to the benefit of the petitioners for reason only of the Rules having not provided reckoning of an equivalent qualification for the specific subject afore-mentioned. Further, the list has already been published and none are impleaded herein. 7. However, the contention raised by the petitioners is genuine and since the Government has recognised the course as WP(C).No.15952 of 2014 - 5 - equivalent, it is only proper that the 1[st] respondent take steps to amend the Rules and provide for an equivalent qualification in the case of Typewriting and Shorthand in Malayalam Lower or incorporate the specific qualification which the petitioners have. The writ petition would stand dismissed; however with the above observation. **Sd/-** K.Vinod Chandran Judge. vku/- [ true copy ]