Neenu.A.J vs Suja.G.S on 17 January, 2022

[Cites 4, Cited by 0]

Kerala High Court

Neenu.A.J vs Suja.G.S on 17 January, 2022

These Writ Appeals are arising out of the common judgment rendered by the learned Single Judge on 27.02.2019 in W.P.(C) No.3848 of 2018 & W.P.(C) No.2860 of 2019 and a large number of other cases, which were considered as a batch case.

2. Heard both sides.

3. The matter arises out of the impugned selection notification issued by the Kerala Public Service Commission for the post of Assistant Pharmacist Gr.II and the prescribed qualifications thereof were as follows:

,

1. Degrtee in Pharmacy froma recognized University OR

(a) Diploma in Pharmacy

(b) 2 years experience as Pharmacist in a reputed Medical Store

2. Pass in any basic computer course of not less than 3 months duration recognized by the State or Central Government.

3. Registration with Kerala State Pharmacy Council."

4. The learned Single Judge after hearing both sides has WA Nos.69 & 70 of 2022 4 taken the view as per the impugned judgment rendered on 27.02.2019 in the abovesaid batch of Writ Petitions (Civil) that the writ petitioners, who have studied paper in Basic Electronics and Computer Applications as part of the B.Pharm course, are entitled to be considered for selection to the abovesaid notified post of Assistant Pharmacist, in as much as they have secured the degree in Pharmacy and even though they have not separately acquired the qualification of pass in basic computer course of not less than three months duration recognized by the State or Centra] Government, etc.

5. The Kerala Public Service Commission has filed Writ Appeals in most of the Writ Petitions (Civil) covered by the abovesaid common judgment except two or three cases. The Division Bench of this Court has rendered a common judgment as early as on 14.02.2020 in W.A.No.1973 of 2020 & connected cases, whereby the abovesaid common judgment of the learned Single Judge in those Writ Petitions (Civil), has been set aside and those Writ Petitions (Civil) have been ordered to be dismissed. The Division Bench of this Court as per the abovesaid judgment dated 14.02.2020 held that the learned Single Judge erred in holding that the B. Pharm qualification of the writ petitioners, which included a WA Nos.69 & 70 of 2022 5 course/paper in knowledge of computer application, should be treated as equal to both B.Pharm plus separate basic computer course of not less than three months, etc. In otherwords, the stand of the Kerala Public Service Commission has been upheld and the claims of the writ petitioners therein have been repelled and the Writ Appeals have been so allowed.

6. In the instant case it appears that the Kerala Public Service Commission had not filed separate Writ Appeals as against these two W.P.(C)s and candidates, who are claiming that they have all the qualifications as per the selection notification and were aggrieved by the very same impugned common judgment in the extent it relates to these W.P.(C)s, have secured third party leave and have prosecuted these appeals. Hence, in the light of these aspects, it is ordered that the main matter in issue is covered against the writ petitioners as per the common judgment dated 14.02.2020 rendered by the Division Bench of this Court in W.A.No.1973 of 2019 and connected appeals. Resultantly, it is ordered that the impugned judgment dated 27.02.2019 rendered by the learned Single Judge to the extent it is in relation to the instant W.P.(C)s, W.P.(C) No.3848 of 2018 and W.P.(C) No.2860 of 2019 will stand set aside. Further it is also declared that the findings and WA Nos.69 & 70 of 2022 6 directions issued by the Division Bench as per the abovesaid common judgment dated 14.02.2020 in W.A.No.1973 of 2019 and connected cases will regulate these cases as well. For the sake of clarity, it is ordered that Registry will ensure that copy of the judgment dated 14.02.2020 in W.A.No.1973 of 2019 shall be placed as a separate annexure to this judgment.

With these observations and directions, the above Writ Appeals, will stand allowed and finally disposed of as above.

Sd/-

ALEXANDER THOMAS JUDGE Sd/-

VIJU ABRAHAM JUDGE cks IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.1973 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 1461/2019(G) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, OFFICE OF KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM 695 004. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

1 MEENU G., AGED 35 YEARS D/O. GEETHA, SREE PADMAM, MARVEL F-7, KULATHARA, KARAMANA P.O., THIRUVANANTHAPURAM 695 002. 2 KERALA STATE CIVIL SUPPLIES CORPORATION LID (SUPPLY CO), REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, P. B. NO. 2030, MAVELI BHAVAN, GANDHI NAGAR, KOCHI 682 020. 3 PRINCIPAL SECRETARY TO GOVERNMENT.

DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

Rl BY ADV, SRI.R.T PRADEEP(BY ORDER} R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO} R3 BY GOVERNMENT PLEADER(BY ORDER) OTHER PRESENT:

SR.GP SRI.T.RAJASEKBARAN NAIR SR.GP SRI.T.RAJASEKHARAN NAIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1393/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.1393 OF 2019 AGAINST THE ORDER/ JUDGMENT IN WP(C) 7281/2018(I) OF HIGH COURT OF KERALA KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC POND Ss:

1 ANUSREE.S.S., W/O. PRAKASAN N. S., ANUSREE BHAVAN , UDIYANKULANGARA, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT - 695 132.

2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD.

SUPPLYCO, P. B.NO.2030, MAVELI BHAVAN, GANDHI NAGAR, KOCHI - 682 020, REPRESENTED BY ITS CHARIMAN AND MANAGING DIRECTOR.

3 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIED DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4 PRINCIPAL, AMRUTHA SCHOOL OF PHARMACY, AMRITHA VISHWA VIDYAPEETHAM UNIVERSITY, AIMS HEALTH SCIENCES CAMPUS, AIMS PONEKKARA P.O., ERNAKULAM DISTRICT - 682 041.

R2 BY SRI. R.LAKSHMI NARAYANAN (B/0.) R3 BY GOVERNMENT PLEADER (B/0C) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02- 2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ?.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 AGAINST THE APPELLANT/S:

WA.No.2449 OF 2019 ORDER/ JUDGMENT IN WP(C) 7284/2018(I) OF HIGH COURT OF KERALA KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTEBAPURAM~695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SKI.P.C.SASIDHARAN, SC, KPSC VIDHU VINCENT, W/O.ROBIN JOHN.K., KAREKKATTU HOUSE, PANJIPALLA, PUTHENVELIKKARA, ERNAKULAM DISTRICT-690544 DIVYA.T.A., W/O.KIRAN.C.C, THAIVALAPPIL HOUSE, KAVEED.P.O., KOTTAPPADI, THRISSUR DISTRICT-680505 NEETHU.M.R., D/O.RAJAN.M.K., MEPPULLYTHAZHATH HOUYSE, MUMA NAGAR, STREET NO.6, KOLAZHY.P.O., THRISSUR DISTRICT-680010.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD. SUPPLYCO, P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY ITS CHAISRMAN AND MANAGING DIRECGTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM- 695001 CALICUT UNIVERSITY, THRISSUR-CALICUT ROAD, THENHIPALAM, KOZHIKODE DISTRICT-683594, REPRESENTED BY ITS REGISTRAR.

WA No.1973/2019 & con, R3 R4 BY BY BY BY BY BY BY ADV.

ADV.

SRT.

cases SRI SRI SRI SRI SRI SRI T.B. .G.P.SHINOD

-RAM MOHAN.G.

-GOVIND PADMANAABHAN

-AJIT G.ANJARLEKAR K.A.MOHAMMED HARIS (B/0) .K.A.MOHAMMED HARIS (B/0) GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LID, (SUPPLYCO) R5 BY GOVERNMENT PLEADER (B/0) R6 BY ADV. SRI.P.C.SASIDHARAN (B/O) .

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14- 02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.149] OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 40355/2018(T) OF HIGH APPELLANT/S:

COURT OF KERALA KERALA PUBLIC SERVICE COMMISSION PATTAM, THITRUVANANTHAPURAM- 695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC SOUMYA S.S., AGED 32 YEARS, D/O.SURENDRAN.G, A.&S.MANDIRAM, MANAVARI, KOTTAKKAL.P.O, THKIRUVANANTHAPURAM- 695124.

KERALA STATE CIVIL SUPPLIES CORFPORATON LID. SUPPLYCO P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVENMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

Rl BY ADV. SRI.K.A.MOHAMMED HARIS (B/0O) R2 BY SRI. R.LAKSHMI NARAYANAN, SC (B/0) R3 BY GOVERNMENT PLEADER (B/0) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14- 02-2020 DELIVERED THE FOLLOWING:

> 3 WA No.1973/2019 & con. cases FRIDAY,

-6..

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.1492 OF 2019 AGAINST THE JUDGMENT IN WP(C) 41439/2016(D) OF HIGH COURT OF KERALA APPELLANT/S:

RESPONDENT/S:

KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY .

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC TENCY K.T., AGED 29 YEARS, D/O. TITUS K.A., KALLARAKKAL HOUSE, KRISHNAKOTIA P.O., MALA, THRISSUR DISTRICT- 690733.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD. (SUPPLYCO}, P.B. NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695034, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.G.P.SHINCD Rl BY ADV. SRI.RAM MOHAN.G. Rl BY ADV. SRI.GOVIND PADMANAABHAN Rl BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. R.LAKSHMI NARAYANAN (B/0O) R3 BY GOVERNMENT PLEADER (B/0O} R4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases ealae IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN o FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.1506 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 31170/2018(U) OF HIGH COURT OF KERALA APPELLANT/S:

1 KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.

2 THE SECRETARY, KERALA PUBLIC SERVICE COMMISSIONER, PATTOM POST, THIRUVANANTHAPURAM-695 004 a BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

1 JASMIN .K AGED 32 YEARS D/O. S. RAHUMATHULLA, TC 46/17, PALLI STREET, POONTHURA POST, THIRUVANANTHAPURAM-695 026 2 THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO), REPRESENTED BY ITS MANAGING DIRECTOR, P.B. NO. 2030, MAVELI BHAVAN ROAD, GANDHI NAGAR, KOCHI-682 020 3 KERALA STATE PHARMACY COUNCIL, REPRESENTED BY ITS REGISTRAR, MNV G ADIYODI, MEMORIAL PHARMACY BHAVAN, RED CROSS ROAD, VANCHIYOOR P.O, THIRUVANANTHAPURAM-695 035 WA No.1973/2019 & con. cases Rl BY ADV. SRI.G.P.SHINOD R1 BY ADV. SRI.RAM MOHAN.G. R1 BY ADV. SRI.GOVIND PADMANAABHAN R1 BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO) R3 BY ADV. SOORAJ ELENJICKAL (B/0) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02-

2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases

-+3., IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.1519 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 18868/2018(G) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

NIMMY DAS.K.M. AGED 29 YEARS D/O. K. G. MOHANDAS, KOZHAMPURATH HOUSE, PUDUKKAD P.0O., THRISSUR DISTRICT - 680 301.

KERALA CIVIL SUPPLIES CORPORATION LTD., SUPPLYCO, P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI - 682 020, REPRESENTED BY ITS CHAIRMAN AND MANGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

CALICUT UNIVERSITY, THRISSUR - CALICUT ROAD, THENHIPALAM, KOZHIKODE DISTRICT - 683 594, REPRESENTED BY ITS REGISTRAR.

WA No.1973/2019 & con. cases ~1G..

Rl BY ADV. SRI.G.P.SHINOD Rl BY ADV. SRI.RAM MOHAN.G. Rl BY ADV. SRI.GOVIND PADMANAABHAN Rl BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LID, (SUPPLYCO) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases well...

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No .1934 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 7282/2018(1I) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION PATTAM , THTRUVANANTHAPURAM- 695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

1 ASHITHA .K.S W/O MANU.P,KALARICKAL HOUSE , NEELAMPEROOR, ALAPPUZHA DISTRICT-686534.

2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD . SUPPLYCO P.B.NO.2030,MAVELI BHAVAN, GANDHINAGAR , KOCHI-

682020,REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

3 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA ,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

4 KANNUR UNIVERSITY, THAVAKKARA,CIVIL STATION .P.O, KANNUR DISTRICT-670002,REPRESENTED BY ITS REGISTRAR.

WA No.1973/2019 & con. cases ++12..

R1 BY ADV. SRI.K.A.MOHAMMED HARIS (B/0) R2 BY SRI.R.LAKSHMI NARAYANAN, SC (B/O) AND SRI.T.B.GAFOOR R3 BY GOVT. PLEADER FOR R-3(B/0) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases »13,.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.2228 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 233/2019(D) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S:

SANGEETHA V.S. AGED 27 YEARS D/O. SUNDARESAN J, VALIYAVILA PUTHENVEEDU, KULAKODE, ANAVOOR P.O, THIRUVANANTHAPURAM- 695

124.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD (SUPPLYCO) P.B. NO, 2030, MAVELI BEAVAN, GANDHINAGAR, KOCHI-682 020, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695

001. WA No.1973/2019 & con. cases .14..

4 UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 034, REPRESENTED BY ITS REGISTRAR.

R1 BY ADV. SRI.K.A.MOHAMMED HARIS (B/0) R2 BY SRI. T.B.GAFOOR (B/0O) R3 BY GOVERNMENT PLEADER (B/0) R4 BY SRI.THOMAS ABRAHAM (B/O) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- a] 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases »i5., IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.2281 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 7283/2018(I) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY .

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

L SULTHANA ABDUL AZEEZ, AGED 27 YEARS W/O.MUHAMMED FISAL, KOCHALATH HOUSE, PUNNAKULAM, K.S.PURAM P.O., KARUNAGAPPALLY, KOLLAM- 690544.

2 SULFATH K., W/O.NIYAS, DARUSSALAM, KAMBI VALAPPU, KAKKAZHOM P.O., ALAPPUZHA DISTRICT-688005.

3 KERALA STATE CIVIL SUPPLIES CORPORATION LTD., SUPPLCO P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

4 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-

695001.

WA No.1973/2019 & con. cases ».16..

5 MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM DISTRICT-686560, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.K.A.MOHAMMED HARIS FOR R1 AND R2. (B/O) R2 BY ADV. SRI. K.A.MOHAMMED HARIS FOR R1 AND R2 R3 BY ADV. SMT.MOLLY JACOB, SC (B/O.) R3 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO) R4 BY GOVERNMENT PLEADER R5 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases wei?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.2286 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 41653/2018(F) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTAHPURAM-695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

1 BINITHA M.B., AGED 35 YEARS, D/O. BALAKRISHNA PILLAI G., THEKKEMADPPALLIL HOUSE, MOOLAVATTOM P.O., KOTTAYAM DISTRICT - 686026.

2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD (SUPPLYCO) , P.B. NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY ITS CHATRMAN AND MANAGING DIRECTOR.

3 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-

695001.

WA No.1973/2019 & con. cases ~18., 4 UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM- 695034, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.K.A.MOHAMMED HARIS (B/O) Rl BY ADV. SRI.G.P.SHINOD R1 BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO) R3 BY GOVERNMENT PLEADER R4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.i973/2019 & con. cases

--19..

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT TEE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No,2310 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 41256/2018(F) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

ATHULYA DAS K., AGED 30 YEARS, D/O. HARIDAS K., KUTTIPPAYI HOUSE, THOTTIPPAL P.O., PUDUKKAD, THRISSUR DISTRICT~680310.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD., (SUPPLYCO), P.B. NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020, REPRESENTED BY I'TS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

CALICUT UNIVERSITY, THRISSUR CALICUT ROAD, THENHIPALAM, KOZHIKODE DISTRICT-683594, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.G.P.SHINOD WA No.1973/2019 & con. cases 2.20.2.

Rl BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO) R3 BY GOVERNMENT PLEADER (B/0O) R4 BY ADV. P.C.SASIDHARAN (B/0O) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases 2.21,.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.2322 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 40321/2018(M) OF HIGH COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT /S:

ROSHINI K.V AGED 32 YEARS D/O. RATNAKARAN P.K., EDAKKAT KANDIYIL HOSUE, KANNADIKKAL, VENGERI, KOZHIKODE DISTRICT-673

010.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD (SUPPLYCO) P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682 020 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695

001. WA No.1973/2019 & con. cases a eZ2ae 4 CALICUT UNIVERSITY THRISSUR CALICUT ROAD, THENHIPALAM, KOZHIKODE DISTRICT-683 594, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.G.P.SHINOD R1 BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY ADV. SRI.T.B.GAFOOR (B/O) R3 BY SENIOR GOVERNMENT PLEADER (B/0O) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases IN THE es2dae THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA .No.2378 OF 2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 1959/2019(T) OF HIGE COURT OF KERALA APPELLANT/S:

KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM- 695004, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENT/S:

ANCY M. DAS, AGED 31 YEARS, D/O. DEVADASAN T., B.S. BHAVAN, KAZHIVOOR, THIRUVANANTHAPURAM DSITRICT-695526.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD., (SUPPLYCO), P.B. NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-685020, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM- 695034, REPRESENTED BY ITS REGISTRAR.

Rl BY ADV. SRI.G.P.SHINOD WA No.1973/2019 & con. cases

-.24..

Rl BY ADV. SRI.AJIT G.ANJARLEKAR R2 BY SRI. T.B.GAFOOR, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO) R3 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

a.

WA No.1973/2019 & con. cases «204.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISENAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WA.No.164 OF 2020 AGAINST THE ORDER/ JUDGMENT IN WP(C) 7281/2018(1I) OF HIGH COURT OF KERALA APPELLANT /S:

BABITHA BOSE, AGED 34 YEARS, THAMMANDIIL HOUSE, POST TRIPUNITHURA, ERNAKULAM DISTRICT - 682

103.

NOBY C.P., POONTHOTTATHIL, KAKKODI, KOZHIKODE DISTRICT - 673 611.

MANOJ KUMAR J. G., PC8/1453, ANANDABHAVAN, THIRUMALA, POST ARAYALLOOR, THIRUVANANTHAPURAM

- 695 001.

RAVITHA L., RAVITHALAYAM, CHITTAYAM, PANAYAM P. O., KOLLAM - 691 601.

SHYNI SOMAN S. R., SHYNI BHAVAN, KULAKODU, P. O. VELLANAD, THIRUVANANTHAPURAM - 695543.

SANDHYA S., PUTHUVALPUTHANVEEDU, MADHAVAPURAM, TITANIUM P. O., THIRUVANANTHAPURAM - 695021.

NITHYA P. V., POYILMEETHAL, KAYANNA BAZAR, KOZHIKODE - 673525.

SHANIFA E., KANIYATTAZHIKAM, CF HSS GROUND, KOTTIYAM, ADICHANALLOOR, KOLLAM DISTRICT - 691571.

WA No.1973/2019 & con. cases ++26.., PRIYA P. R., VARUPLANKALA OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM - 695121.

BY ADVS.

SRI.R.K.MURALEEDHARAN SMT .ATHIRA A.MENON RESPONDENT/S:

ANUSREE S. S., W/O PRAKASAN N. S., ANUSREE BHAVAN, UDIYANKULANGARA, NEYYATTINKARA, THIROUVANANTHAPURAM - 695 132.

PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM - 695004, REP. BY ITS SECRETARY.

KERALA STATE CIVIL SUPPLIES CORPORATION LTD. SUPPLY CO., P. B. NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI - 682020, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

PRINCIPAL, AMRUTHA SCHOOL OF PHARMACY, AMRITHA VISHWA VIDHYAPEETHAM UNIVERSITY, AIMS HEALTH SCIENCES CAMPUS, AIMS PONEKKARA P. O., ERNAKULAM - 682 041.

OTHER PRESENT:

SR.GP SRI.T.RAJASEKHARAN NAIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-02- 2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases 2.27., IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WP(C) .No.6476 OF 2018 PETITIONER/S:

ASWATHY S., AGED 28 YEARS W/O. MANEESH VIJAYAN, ELAVANAKANDATHIL HOUSE, PULLICKAMALLY P.O,MULAMTHURUTHY, ERNAKULAM DISTRICT - 682 314.

PADMAKUMARI S$.S., W/O. SUBEESH K.P SREENILAYAM, MEMALA P.O, VITHURA, THIRUVANANTHAPURAM DISTRICT - 695 551.

BY ADVS.

SRI . SANTHARAM. P SRI.K.A.MOHAMED HARIS SMT .REKHA ARAVIND RESPONDENT/S:

KERALA PUBLIC SERVICE COMMISSION PATTAM, THIRUVANANTHAPURAM - 695 004. REPRESENTED BY ITS SECRETARY.

KERALA STATE CIVIL SUPPLIES CORPORATION LTDSUPPLYCO, P.B NO. 2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI - 682 O20REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT IN KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

WA No.1973/2019 & con. cases 2 28., 4 MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS P.O, ATHIRAMPUZHA, KOTTAYAM DISTRICT ~- 686 560, REPRESENTED BY ITS REGISTRAR.

R1 BY ADV. SMT.MOLLY JACOBSCSUPPLYCO R2 BY ADV. SMT.MOLLY JACOB ,SC,SUPPLYCO R4 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-02-2020, ALONG WITH WA.1973/2019 AND CONNECTED CASES, THE COURT ON 14-02-2020 DELIVERED THE FOLLOWING:

WA No.1973/2019 & con. cases WA Nos. 1973/2019, 1393/2019, 1449/2019, 1491/2019, 1492/2019, 1506/2019, 1519/2019, 1934/2019, 2228/2019, 2281/2019, 2286/2019, 2310/2019, 2322/2019, 2378/2019 & 164/2020 « WP(C) No. 6476/2018 JUDGMENT Dated this the 14 day of February, 2020 Vin handr J Appellants in all these appeals except WA No.164 of 2020 is the Kerala Public Service Commission (for short, "PSC"). WA No.164 of 2020 is filed by the persons in the rank list; which appeals are filed with leave of this Court, since the appellants were not parties to the OA. Respondents are persons, who were declined consideration in the selection to the post of Assistant Pharmacist. The appeals are against the judgment of the learned Single Judge, by which it is found that the respondents/writ petitioners having studied a paper in Basic Electronics and Computer Applications, as part of the B.Pharm course, were entitled to be considered for WA No.1973/2019 & con. cases ..30.., selection to the post of Assistant Pharmacist.

We have heard the learned Counsel appearing for all parties. It is submitted on behalf of the PSC that the notification specifically prescribed a pass in any computer course of not less than three months duration, recognized by the State or Central Government. There can be no equivalence granted by the Court as has been held in Bank of India v. Aarya K. Babu [(2019) 8 SCC 587] and Zahoor Ahmad Rather & Others v. Imtiyaz Ahmad [(2019) 2 Scc 404}. The candidates without such a qualification were rightly denied consideration. Learned counsel for respondents/writ petitioners seek to sustain the impugned judgment. It is also alternatively contended that many of the respondents have certificates in computer courses from institutions recognized by the Government and the National Council of Vocational Training (NCVT). It is argued that even otherwise what is intended is only a working knowledge of computer applications, which the respondents had acquired by reason of the paper they qualified as part of WA No.1973/2019 & con. cases es3l..

the B.Pharm course. The paper also was in Basic Electronics and Computer Applications. In fact, the learned Single Judge has found that in a period of six months, they had undertaken the subject, which had two hours in theory and three hours in practical every week, In such circumstances, the respondents/writ petitioners are proficient in computers, even more than that of a candidate, who has passed a course of three months. It is argued that there are certificates from recognized institutions produced in the writ petition. It is also argued that there is nothing stated in the notification as to the exact course or the institution, from which the certificate should be produced. A different notification is pointed out to contend that it is specified therein that the certificate should be issued by the NCVT, which is absent § here. No such specification having been made in the notification, there cannot be rejection of candidates only for reason of the rather vague qualification in computer course not being WA No.1973/2019 & con. cases

3. ..32., possessed by the respondents. The job of a Pharmacist also does not involve any application in computers and the prescription itself is arbitrary.

The qualification prescribed, as we see from Bxt.Pl notification produced in WA No. 1449 of 2019, is as below:

"1. Degree in Pharmacy from a recognized University OR

a) Diploma in Pharmacy b} 2 years experience as pharmacist ina reputed Medical store

2. Pass in any basic computer course of not less than 3 months duration recognised by State or Central Government.

3. Registration with Kerala State Pharmacy council.

Note: Rule i0(ajiil of part II of KS&SSR is applicable."

It is also an admitted fact, that there are persons, who have obtained such qualifications and whose candidature having been accepted by the PSC. The pass in computer course, having not less than three months duration, as we see from the notification, is an additional qualification apart from Degree in Pharmacy from a recognized WA No.1973/2019 & con. cases ..33..

University or a Diploma with experience.

6. It is also admitted that the subject, Basic Electronics and Computer Applications, was introduced as part of B.Pharm course in the year 2003. The Special Rules for the advertised post was framed in the year 2010 by Go(MS) 30/2010 dated 04.06.2010. In such circumstances, it cannot be assumed that the expert body, which framed the Special Rules, did not take into consideration the fact that the B.Pharm course has a paper in Computer Applications. Despite that, it was thought that every candidate should have a pass in a basic computer course of not less than three months duration, recognized by the State or Central Government.

7. We garner support from the decisions cited by the learned Standing Counsel in Aarya Babu and Zahoor Ahmad Rather's cases (supra). Zahoor Ahmad Rather waS a case in which the qualification prescribed was 'Matric with ITI in the relevant Trade viz Electrician' for the post of Technician. In the course of the selection process in certain WA No.1973/2019 & con. cases ..34.

Districts, Diploma holders were also considered, which was later interfered with by the Selection Board. The Diploma holders challenged the decision on grounds of the rules of the game having been changed mid-way and Diploma being a higher qualification to ITI. The Court found that there was no change in the Rule and the notification only spoke of ITI. As to the Diploma being a higher qualification it was found that there was no rule, prescribing the acquisition of a higher qualification, presupposing the lower qualification as found in Jyoti K.K. v. Kerala Public Service Commission [(2010) 15 Scc 596]. It was also held that though the ITI holders could get lateral entry to a Diploma Course; ITI was not an essential qualification for acquiring Diploma. It was held so in paragraph 27:

"27. While prescribing the qualifications for a post, the State, as employer, may legitimately bear in mind several features including the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification and the content of the course of studies which leads up to the acquisition of a qualification. The State is entrusted with the authority to assess the needs of its public services. Exigencies of WA No.1973/2019 & con. cases edd.

administration, it is trite law, fall within the domain of administrative decision-making. The State as a public employer may well take into account social perspectives that require the creation of job opportunities across the societal structure, All these are essentially matters of policy. Judicial review must tread warily. That is why the decision in Jyoti K.K. must be understood in the context of a specific Statutory rule under which the holding of a higher qualification which presupposes the acquisition of a lower qualification was considered to be sufficient for the post. It was in the context of specific rule that the decision in Jyoti K.K. turned."

The Hon'ble Supreme Court also held;

"The stipulation that the qualification prescribed is the bare minimum requirement of the job emphasises that it is an essential requirement, a threshold which cannot be dispensed with" (sic).

In the present case Rule 10(a)ii of Part II KS&SSR is applicable, but the claim of the respondents is not acquisition of a higher qualification. What is required is a pass in a computer course of three months duration, which also has to be recognised by the Central or State Government. The respondents claim that the pass in one paper in Computer Application as part of the B.Pharm course can be treated as equivalent.

In the present case, we find that the learned Single Judge has proceeded on the presumption that the one paper in Basic Electronics and Computer Application, which every graduate WA No.1973/2019 & con. cases .-36., Student in Pharmacy would have to pass, would suffice and it would he equivalent to a pass in any basic computer course of not less than three months duration. We are unable to agree with the same, especially, going by the declaration of the Hon'ble Supreme Court. It is not the court's task to equalize qualifications, especially, when the authority brings out the Special Rules. The appointing authority, which also brought out the rules with the specific requirements of essential qualifications for the post, is presumed to be aware of the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification and the content of the course of studies, which lead up to the acquisition of a qualification, as has been held by the Hon'ble Supreme Court in Zahoor Ahmad Rather's case (supra). We do not think that there can be any equivalence made by the Courts insofar as the one paper in Basic Electronics and Computer Applications, which all the respondents had undertaken in their B.Pharm course, to find WA No.1973/2019 & con. cases

9. 2.376, it as sufficient in lieu of what is prescribed in the notification.

Aarya Babu is a case, in which the High Court found that a candidate having B.Sc Degree in Forestry is entitled to be appointed as an Agricultural Field Officer, when the notification did not prescribe that as an eligible qualification. The High Court found that B.Sc Forestry was equivalent to B.Sc Agriculture since

(i) one of the prescribed qualifications, B.Sc Agro-Forestry was not available anywhere in the country, (ii) the ICAR had certified that a graduate degree in Forestry is equivalent to that in Agriculture and (iii) the Recruitment Board in the very next year had prescribed B.Sc Forestry as an eligible qualification for the identical post. The Hon'ble Supreme Court however reversed the said decision and we quote hereunder a few extracts:

12. Though we have taken note of the said contention we are unable to accept the same. We are of such opinion in view of the well= WA No.1973/2019 & con. cases

38...

included in the notification by the employer, Further the rules as referred to by the iearned counsel for the respondents is pointed out to be a rule for promotion of officers. That apart, even if the qualification prescribed in the advertisement was contrary to the qualification provided under the recruitment rules, it would have been open for the candidate concerned to challenge the notification alileging denial of opportunity. On the other hand, having taken note of the specific qualification prescribed in the notification it would not be open for a candidate to assume that the qualification possessed by such candidate is equivalent and thereby seek consideration for appointment nor will it even be open for the employer to change the requirements midstream during the ongoing selection process or accept any qualification other than the one notified since it would amount to denial of opportunity to those who possess the qualification but had not applied as it was not notified.

KAR AXK AX

14. If the above decision in Mohd. Sohrab. Khan case (2009) 4 SCC 95° is kept in perspective it is eg ile ¢ ining the

0) a ne 0) ne injustice to the others who possess such 1 fi Du ad ppli ing :

Qila £3 ati Hiatiki~ © a maele ae DO es: Le Gualification sought for in the notification though they otherwise held another degree, Therefore, if there is any change in qualification/criteria after the notification is issued but before the completion of the selection process and the employer/recruiting agency seeks to adopt the change it will be incumbent on the employer to issue a corrigendum incorporating the changes to the notification and invite applications from those qualified as per the changed criteria and consider the same along with the applications received in response to the initial notification. J[he same principle will WA No.1973/2019 & con. cases XAX XXX RAK ihe --_2duivalence relating £2 ~Sducabional , Shuiat "Ali. Ve Union of India (1975) 3 SCC 76 wherein it is held that the question in regard to equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications and where the decision of the Government is based on the recommendation of an expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the Court, uninformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government."

(Underlining by us for emphasis) The Hon'ble Supreme Court has unequivocally held that it is not the Court's duty to equalize qualifications.

10.We now come to the contention that many of the respondents have produced certificates evidencing completion of a course in Computer Applications.

In this context, we have to emphasise that none of the candidates has a contention that they have produced the certificates from private institutions along with their applications.

WA No.1973/2019 & con. cases ~-40..

Despite this, we have looked at all of them and are not convinced that any of these can be accepted as a pass in a computer course of not less than three months duration recognized by the State or Central Government. Here, we have to pertinently observe that it is not, any computer course that is required by the notification. The Computer Course should be (i) having atleast three months duration and (ii) recognised by the State or Central Government.

11.We look at Ext.P4 in the W.P. from which WA No. 2286 of 2019 arise, issued by one Royal Educational Institute and Computer Training Centre. We also notice that the institute is affiliated under NCVT, Government of India and recognized by the Government of Kerala. However, the certificate is issued by the institute and not by the Government or by an examining body recognised by the Government. The certificate also does not speak of the duration of the course or its recognition by WA No.1973/2019 & con. cases

--41..

the Government.

12. The prescription is pass in a course, which is recognized by the State or Central Government, and not a pass in a course conducted by an institution recognized by the State or Central Government. In this context, we have to notice that there are a number of institutions recognized by the National Council for Vocational Training (NCVT). They also conduct courses by themselves and issue certificates, which do not have the sanctity of a course recognised by the NCVT. The institutions recognized by NCVT are permitted to prepare students to sit for the examination conducted by the NCVT itself. The certificate also is issued by the NCVT and we find the prescription in the notification to be one mandating a qualification in a course recognized by the State or Central Government.

13.The other certificates pointed out to us are WA No.1973/2019 & con. cases

14. +42...

found from the W.P.s, from which the W.A.s arise. Those produced in W.A. No.2228/19 (Ext. P4), W.A. No.1506/19 (Ext.P4), W.A. No.1492/19 (Ext.P4), W.A. No.2310/19 (Ext.P4), W.A. No.2322/19 (Ext.P4), W.A. No.2378/19 (Ext.P4), W.A. No.1973/2019 (Ext.P5) and W.A. No.1491/19 (Ext. P4) are certificates from private institutions. Ext.P4(a) in W.A 1449/19 is a certificate issued by a Government of India Enterprise, but in a course having less than 3 months duration. Ext.P4(a) in W.P.(C) No.6476/18 is a certificate issued by a Government of Kerala Organisation in the co-operative sector, without specification as to the duration of the course. There are no such certificates produced in the W.P.s, from which the other W.A.s arise.

The applicants cannot challenge the prescription as unreasonable on their notion of what duties a Pharmacist is required to WA No.1973/2019 & con. cases ..43..

discharge. The nature of work and_ the requirements therein, are within the exclusive domain of the appointing authority and there cannot be any dilution thereof, especially when prescriptions are made in the notification. Having applied under the notification, they cannot also challenge the prescription as to essential requirements, after having participated in the selection. The notification clearly provided that there should be a pass in a computer course of not less than three months duration, recognised by the Central or State Government. The impugned judgment proceeded on the premise that the one paper in Computer Applications, the respondents qualified in, as a part of the B.Pharm curriculum, is more than sufficient; which the Court is not competent to find as has been clearly held in the cited decisions.

The learned Single Judge also did not consider WA No.1973/2019 & con. cases ~-44,.

the certificates produced by the individual respondents, as one within the requirement prescribed.

15.The conclusion is hence that the learned Single Judge erred insofar as equalizing qualification, which is prescribed as one additional to that of Degree in Pharmacy or Diploma with experience. We, hence, allow the writ appeals and reject the writ petitions. The parties are left to suffer their respective costs.

Sd/-

K.VINOD CHANDRAN JUDGE Sd/-

P.V.KUNHIKRISHNAN JUDGE Bka/15.02.2020 WA No.1973/2019 & con. cases ».45..

APPENDIX OF WP(C) 6476/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT Pl TRUE COPY OF THE NOTIFICATION (PUBLISHED) IN GAZETTE DATED 13.06.2014) TAKEN FROM THE WEBSITE.

EXHIBIT P2 TRUE COPY OF THE B.PHARM CERTIFICATE ISSUED BY THE M.G UNIVERSITY DATED 4.06.2013 TO THE FIRST PETITIONER.

EXHIBIT P2 (A) TRUE COPY OF THE B.PHARM CERTIFICATE DATED 01.08.2011 ISSUED BY THE M.G UNIVERSITY TO THE SECOND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER AND EXPERIENCE CERTIFICATE ISSUED BY THE AUTHORITIES CONCERNED TO THE 1ST PETITIONER .

EXHIBIT P3 (A) TRUE COPIES EXPERIENCE CERTIFICATES ISSUED TO THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATES ISSUED BY THE MG UNIVERSITY.

EXHIBIT P4 (A) TRUE COPY OF THE CERTIFICATE IN COMPUTER COURSE ISSUED BY THE GOVERNMENT APPROVED PRIVATE INSTITUTIONS ISSUED BY THE GOVERNMENT EXHIBIT P5 TRUE COPY OF THE FIRST YEAR B. PHARM MARK SHEETS ISSUED BY THE M.G UNIVERSITY TO THE PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE KERALA PHARMACY COUNCIL REGISTRATION CERTIFICATE OF THE 1ST PETITIONER.

EXHIBIT P6 (A) TRUE COPY OF THE KERALA PHARMACY COUNCIL REGISTRATION CERTIFICATE OF THE 2ND PETITIONER.

WA No.1973/2019 & con.

EXHIBIT P7 EXHIBIT P7 (A) EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 cases

--46..

TRUE COPY OF THE HALL TICKET ISSUED TO THE 1ST PETITIONER FOR THE WRITTEN TEST.

TRUE COPY OF THE PRINTOUT TAKEN FROM THE WEBSITE OF KPSC SHOWING DETAILS OF THE WRITTEN TEST CONDUCTED ON 19.06.2015 OF THE 2ND PETITIONER.

TRUE COPY OF THE RELEVANT PAGE PRINTOUT TAKEN FROM THE WEBSITE OF KPSC SHOWING DETAILS OF INTIMATION FOR CERTIFICATE UPLOADING ISSUED TO THE PETITIONERS .

TRUE COPY OF THE PRINTOUTS TAKEN FROM THE WEBSITE KPSC SHOWING DETAILS OF DISPOSAL OF 2ND PETITIONER'S APPLICATION FOR ASST. PHARMACIST IN SUPPLYCO.

TRUE COPY OF THE PRINTOUTS OF THE SHORT LIST TAKEN FROM THE WEBSITE OF KPSCc.

TRUE COPY OF THE INTIMATION DATED 5.02.2018 (RECEIVED ON 14.2.2018) ISSUED BY THE KPSC TO THE 1ST PETITIONER.

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