A SUMA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This matter is placed before the Full Bench pursuant to an order of reference dated October 13, 2010. The facts of the case are narrated in detail in the order of reference and we do not propose to reiterate them.

(2.) The essential facts necessary to adjudicate the question referred can be summarised as follows: The Public Service Commission of Kerala is requested to conduct a recruitment process for the post of Junior Scientific Officer by the State of Kerala. The said post is created under the Kerala Chemical Examiner's Laboratory Service Special Rules, 1997. The basic academic qualification prescribed in the said Rules is Masters Degree with 50% marks in Chemistry or Forensic Science or Bio-Chemistry of a recognised University. The question is, whether the Public Service Commission can recognise a Masters Degree in any other branch as an equivalent qualification to the qualification prescribed under the above-mentioned Rules. In the instant case, the Public Service Commission recognised a Masters degree in Applied Chemistry, Organic Chemistry and Inorganic Chemistry as equivalent qualifications to the prescribed qualification.

(3.) The question, therefore, for our consideration is whether the Public Service Commission is authorised by the appropriate law to resort to such a process. A Division Bench of this Court in a case reported in Viswam v. K.P.S.C., 2001 3 KerLT 170, on an interpretation of Rule 13(b)(i) of the Kerala State and Subordinate Services Rules, opined that the Public Service Commission has the necessary authority of law to undertake an exercise such as the one mentioned above. We are required to examine the correctness of the said decision.