Kerala High Court
Aswathykutty.U vs State Of Kerala on 1 April, 2025
Author: D. K. Singh
Bench: D. K. Singh
W.P.(C) NO. 1421 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 1421 OF 2025
PETITIONER:
ASWATHYKUTTY.U.
AGED 33 YEARS, W/O. SAJITH.S.,
SECRETARY, MANACAUDUM EAST COIR VYAVASAYA
SAHAKARANA SANGHAM LTD. NO. A 821,
MANACAUDUM.P.O., THURAVOOR, CHERTHALA,
ALAPPUZHA - 688 524, RESIDING AT 'CHETTIVELY',
CHERTHALA SOUTH.P.O., ALAPPUZHA, PIN - 688539
BY ADVS.
K.R.GANESH
ELVIN PETER P.J. (SR.)
JELEETTA GREGORY
ANAMIKA M.J.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, PERSONNEL &
ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LIMITED, (COIRFED)
REPRESENTED BY ITS MANAGING DIRECTOR,
P.B. NO. 4616, ALAPPUZHA, PIN - 688012.
3 THE MANAGING DIRECTOR
THE KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LIMITED, (COIRFED), P.B. NO. 4616,
ALAPPUZHA, PIN - 688012.
W.P.(C) NO. 1421 OF 2025 2
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4 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM.P.O.,
THIRUVANANTHAPURAM, PIN - 695004.
BY ADV.
MARY BEENA JOSEPH-SR.GP
P. SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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D. K. SINGH, J.
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W.P.(C) No. 1421 of 2025
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Dated this the 1st day of April, 2025
JUDGMENT
1. The petitioner is having educational qualification B. Com degree with Computer Application from Mahatma Gandhi University, Kottayam district, Kerala. She passed out B. Com with Computer Application in Business in the year 2014. The degree certificate issued by the said University to the petitioner is placed on record as Exhibit P-2 in this writ petition. The petitioner was an applicant for the post of Lower Division Clerk (LDC) in the Kerala State Co-operative Coir Marketing Federation Limited (COIRFED) in pursuance to the notification in Exhibit P-1 issued by the Kerala Public Service Commission (KPSC) on 30.10.2023.
2. The said notification prescribed the following qualifications for the post of LDC;
8. Qualifications:
1) Must have 3 years regular service in any cadre in the Member Societies affiliated to the Kerala State Co-operative Coir Marketing Limited. Candidates selected under this Category should be in service of the Member Society not only on the date of application but also on the date of appointment to the new post.W.P.(C) NO. 1421 OF 2025 4
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2) (A) A Degree in Commerce or Degree of a recognized University with Co-operation as Special Subject. OR (B) (i) B.A./B.Sc./B.Com. Degree (3 years) of a recognized University and
(ii) HDC or equivalent (HDC or equivalent of State Co- operative Union of Kerala or HDC/HDCM of the National Council for Co-operative Training) or Successful completion of the Subordinate (Junior) Personnel Co-operative Training Course (JDC). OR (C) B.Sc. (Co-operation and Banking) Degree of Kerala Agricultural University.
3) A Certificate in computer application/ Data entry issued by an institution recognized by Government of Kerala or Government of India.
Note appended to the said notification would state that Rule 10(a)(ii) of Part II KS & SSR shall be applicable for the said selection.
3. The petitioner's application for the said post has been rejected on the ground that the petitioner does not possess the requisite qualification in Computer Application as mandated in the said notification in Exhibit P-1. The communication in Exhibit P-11 issued to the petitioner by the Secretary, KPSC stating the reasons for rejecting the petitioner's application reads as under;
"Towards the appointment in Lower Division Clerk (Part II - Society Category) (Cat. No. 454/2023) (I NCA-Ezhava/Thiyya/Bilava) in Kerala State Co-operative Coir Marketing Federation Limited, the notification required two qualifications. Your request pertains to considering one qualification, i.e., BCom (Compute Application) instead of the two qualifications mentioned in the notification. The same is not acceptable under the Rules. In addition, the certificate submitted by Smt. Aswathykutty U in Computer Teacher's Training issued by Netaji Compute and Vocational Training Centre cannot be accepted in lieu of a certificate W.P.(C) NO. 1421 OF 2025 5 2025:KER:28374 issued by Kerala State or Central government-approved Institution. For the above-mentioned reasons, the application stands rejected. There are no further proceedings pending with regard to your complaint."
4. The learned Counsel for the petitioner submits that the said rejection of the application by the KPSC is wholly illegal and it is in violation of the Government Order dated 26.05.2012 wherein the Government itself has clarified that the qualification, B.Com with Computer Application would be considered as equivalent to or higher than Diploma in Computer Application qualification for selection to the post of Assistant in Government Secretariat, KPSC etc.
5. The submission of the learned Counsel for the petitioner that Rule 10(a)(ii) of Part II KS & SSR empowers the Government to lay down the equivalent qualifications and the Government, in exercise of the said power, has issued the Government Order dated 26.05.2012. Therefore, the rejection of the petitioner's application on the ground of not having the certificate in Computer Application from the Government/Government recognized institution does not appear to be proper and justifiable. The petitioner may be declared as qualified for the post of LDC in COIRFED.
6. On the other hand, Ms. Jeona James, the learned Counsel appearing for the KPSC submits that the Government Order dated W.P.(C) NO. 1421 OF 2025 6 2025:KER:28374 26.05.2012 in Exhibit P-3 should be considered only with respect to the post of Assistant in Government Secretariat/KPSC/Local Fund Audit Department etc. and the said Government Order does not have any veering on the post of LDC in the COIRFED. She, therefore, submits that the equivalence granted by the Government vide the Government Order dated 26.05.2012 in respect of the B.Com with Computer Application is limited only in respect of the post of Assistant and not in respect of the post of LDC. As the petitioner does not possess the essential qualification for the post of Lower Division Clerk in COIRFED, her application has been rightly rejected.
7. Ms. Mary Beena Joseph, the learned Senior Government Pleader submits that usually the Government issues the equivalence in respect of the qualification, and it never limits to a particular post.
8. I have considered the submissions. Rule 10(a)(ii) of Part II KS & SSR reads as under;
10(a) (ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognized by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13 (b) (i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post.
W.P.(C) NO. 1421 OF 2025 7
2025:KER:28374 Thus, the equivalence of the educational qualification can be granted by the State Government in the said rules. The Government, in exercise of the said power vested with it vide Rule 10(a)(ii) of Part II KS & SSR, has issued the equivalence of educational qualification and stated that B.Com with Computer Application would be considered as equivalent to or higher qualification than Diploma in Computer Application for selection to the post of Assistant in Government Secretariat, KPSC etc.
9. The equivalence of the qualification should not be limited to a particular post. If it is equivalent to the post of 'Assistant', certainly it shall be equivalent to the post of 'LDC'. Therefore, the stand taken by the KPSC that the petitioner has not possessed the essential qualification does not hold good in view of the Government Order dated 26.05.2012. Hence, the present writ petition is hereby allowed. The petitioner is declared as qualified for the post of LDC in COIRFED and the KPSC is directed to process the petitioner's application treating her to be qualified for the said post and proceed with the selection.
Sd/-
D. K. SINGH JUDGE Svn W.P.(C) NO. 1421 OF 2025 8 2025:KER:28374 APPENDIX OF WP(C) 1421/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 30.10.2023 IN CATEGORY NO. 454/2023-455/2023 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE B.COM. DEGREE CERTIFICATE DATED 23.05.2017, ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER G.O.(MS) NO.
25/2012/P&ARD DATED 26.05.2012 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUNIOR DIPLOMA IN CO-OPERATION CERTIFICATE AWARDED BY THE STATE CO-OPERATIVE UNION, KERALA DATED 23.01.2016.
EXHIBIT P5 TRUE COPY OF THE SERVICE CERTIFICATE NO.
C3/170/19 DATED 19.07.2023 ISSUED BY THE PROJECT OFFICER (COIR), COIR DEVELOPMENT CORPORATION, ALAPPUZHA.
EXHIBIT P5(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT-P5 EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF EXPERIENCE OF THE PETITIONER IN THE CO-OPERATIVE SOCIETY TO THE POST OF SECRETARY AWARDED BY THE PROJECT OFFICER, COIR DEVELOPMENT CORPORATION, ALAPPUZHA DATED 30.12.2023.
EXHIBIT P7 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE ISSUED BY THE TAHSILDAR, CHERTHALA TALUK OFFICE DATED 11.10.2024 CERTIFYING THAT THE PETITIONER BELONGS TO EZHAVA COMMUNITY AND DOES NOT BELONG TO CREAMY LAYER.
EXHIBIT P8 TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
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2025:KER:28374 EXHIBIT P9 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 4TH RESPONDENT AS PER NOTIFICATION PL NO. 117/2024/ OLE II, CAT. NO. 454/2023 DATED 21.12.2024 PUBLISHING A SHORT LIST OF CANDIDATES NOTIFIED BY THE 4TH RESPONDENT WHO HAD COME OUT SUCCESSFUL IN THE WRITTEN TEST HELD ON 05.08.2024, FOR APPOINTMENT TO THE POST OF L.D. CLERK.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 23.12.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P10(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT-P10 EXHIBIT P11 TRUE COPY OF THE REPLY DATED 04.01.2025 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P11(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT-P11 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 11.11.2024 IN O.P. (KAT) NO. 266/2020 OF THIS HON'BLE COURT.