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      (i)         Degree in any discipline and
      (ii)        Certificate in Data Entry and Office Automation of minimum 3 months

(120 hours) duration awarded by Lal Bahadur Shastri Centre for Science and Technology (LBS), Institute of Human Resource Development (IHRD), or from similar/equivalent institution approved by the Government.

3. While so, one Shebin A.S., who held a Diploma in Computer Applications (DCA), filed WP (C) No. 24279 of 2012 before the High Court of Kerala contending that the qualifications, as prescribed, would eliminate candidates who held higher qualifications as it restricted the zone of consideration to certificate holders only. By judgment dated 01.08.2014, a learned Judge agreed with him and allowed the writ petition. The learned Judge opined that the notification should have been more transparent with regard to the qualifications, specifying whether equivalent/higher qualifications could also be accepted. The KPSC was accordingly directed to issue a revised notification, keeping this aspect in mind.

(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.

16. Significantly, where they so intend, the Rules of 2011 specifically provide for ‘equivalent qualifications’ being eligible in relation to particular posts. For instance, for the post of Legal Assistant in ‘Wing II – Ministerial Service’ a Degree in Law from a University in Kerala or from a University recognized by any of the Universities in Kerala is the prescribed qualification, but its equivalent is also acceptable. Similarly, for the post of Confidential Assistant Grade II, equivalent qualifications to those prescribed are acceptable. So is the case with the post of Lower Division Typist, where equivalent qualifications are explicitly shown to be acceptable. In effect, the failure to mention an ‘equivalent qualification’ being acceptable for the post of LDC clearly manifests the deliberate design and intent of the Rules of 2011 to limit the equivalence in that context only to the institution from which the Certificate in Data Entry and Office Automation is obtained and not to enlarge the eligibility by encompassing equivalent qualifications also.

17. Given the aforestated rule position in the Rules of 2011 and the verbatim reproduction of the same in the Notification dated 16.07.2012, it is clear and certain that a qualification equivalent to a Certificate in Data Entry and Office Automation from Lal Bahadur Shastri Centre for Science and Technology, Institute of Human Resource Development, is not acceptable but a Certificate in Data Entry and Office Automation from a Government approved similar/equivalent institution would be valid. Without the prescription of an equivalent qualification being recognized, the first part of Rule 10(a)(ii) of the Rules of 1958 would not be attracted, as it speaks of applicability only in cases where acceptance of equivalent qualifications is provided for in the Special Rules. On the other hand, the latter part of Rule 10(a)(ii) speaks of qualifications that presuppose acquisition of the prescribed lower qualification being treated as sufficient. It is the case of the appellants before us that they would fall in this category as they possess either a Diploma in Computer Applications or other higher qualifications, such as a Diploma in Computer Engineering/Diploma in Data Entry and Console Operation/MCA/ M.Sc. in Software Engineering, etc.