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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Suma v. K.P.S.C. | 2011(1) KLT 1 (FB) | Positive | Full 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 Commission | ILR 2007 (4) Kerala 139 | Positive | Division 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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