SIRAJUDHEEN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Common question arises for consideration in all these cases. When the matter came up for hearing we heard counsel appearing for the appellant in W.A. 984/1999 Sri. P. Ravindran, counsel appearing for Public Service Commission Sri. O. V. Radhakrishnan and Government Pleader Sri. C. K. Pavithran.

(2.) Short facts which are necessary for disposal of these cases is as follows: Kerala Public Service Commission invited applications for recruitment to the post of Assistant Motor Vehicles Inspector as per gazette notification dated 18.7.1995. The last date for receipt of application was 30.8.1995. Qualifications prescribed in the gazette notification for selection to the post were as follows:

(3.) Counsel appearing for the appellant Sri. P. Raveendran submitted Kerala State and Subordinate Service Rules, 1958 was enacted by the State Government in exercise of the powers conferred under Art.309 of the Constitution of India, which enables the State Government to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of any State. According to the counsel, R.10(ab) of the Kerala State and Subordinate Service Rules refers only to Special Rules or Recruitment Rules framed by the State Government. Counsel submitted that the Special Rules for the Kerala Transport Subordinate Service also do not stipulate the qualification that the working experience should be gained after the acquisition of the basic qualification. Counsel submitted the Special Rules and Recruitment Rules referred to in R.10(ab) of the K.S. & S.S.R would take in only the above mentioned rules and not the notification framed by the Central Government under S.213(4) of the Motor Vehicles Act. In order to establish his contentions counsel referred to the decision of the Apex Court in 1993 (2) SCC 429 , 2000 (1) SCC 128 etc.