AJITH KUMAR B S Vs. STATE OF KERALA

JUDGEMENT

(1.) A long pending dispute as to the recruitment rules applicable for appointment to the post of inspector in the Legal Metrology Department comes up again in these writ petitions. The main question regarding as to which rules are applicable for the purpose is canvassed in WP (C). No. 16215/2007. In the other writ petitions, persons claiming to be in the feeder category for promotion to the post of inspector seek directions to promote them in the 50% quota stated to be set apart for appointment by promotion as per the rules applicable. Therefore, these writ petitions are heard together and disposed of by this common judgment.

(2.) AS per the statute in force at that time, the Government of Kerala framed the Kerala Weights and Measures (Enforcement) Rules, 1964, in which graduation was prescribed as a requisite qualification for appointment to the post of inspector. While those rules were in force, in 1978, the State of Kerala framed the Kerala Weights and Measures Subordinate Service Rules, under the Public Services Act prescribing the methods of appointment, qualifications etc. for the posts of Inspector of Weights and Measures and Technical ASsistant. Although, in the same, for the post of inspector, originally graduation was prescribed as the requisite qualification, which is a prescribed qualification under the Central Rules also, later on, that was deleted from the rules. That gave raise to a dispute, which ultimately came up before a Division Bench of this Court in Mohanan v. State of Kerala1 The question posed in that case was as to whether in view of the Kerala Weights and Measures (Enforcement) Rules, 1964, the special rules framed under the Public Services Act can be implemented for appointment of inspectors. The Division Bench held that in case of conflict between the Kerala Weights and Measures (Enforcement) Rules, 1964, and the Kerala Weights and Measures Subordinate Service Rules, 1978, the Kerala Weights and Measures (Enforcement) Rules, 1964, which is a special statute would prevail over the Kerala Weights and Measures Subordinate Service Rules. In that decision, the dispute was as to when, the Kerala Weights and Measures (Enforcement) Rules, 1964, prescribes graduation as a necessary qualification for the post of inspector, the same can be dispensed with by amending the Kerala Weights and Measures 1. 1989 KHC 313: 1989(1) KLT 161. Subordinate Service Rules, 1978. The result of the said decision is that minimum qualification of graduation was made compulsory for appointment to the post of inspector. The Government of Kerala later promulgated the Kerala Standards of Weights and Measures (Enforcement) Rules, 1992 under the Kerala Standards of Weights and Measures (Enforcement) Act, 1985, which came into force subsequently as per Section 72(1) of which, the State Government was vested with powers to make rules to carry out the provisions of that Act (hereinafter referred to as the 1992 Rules). Rule 20 of the said Rules reads thus:

(3.) IN Ext. P9, the offending portion reads as follows: "Therefore, the Government hereby order to pursue the existing Special Rules in Legal Metrology Department for appointment/ promotions. Further promotion and postings may be done strictly as per the Special Rules issued in GO (MS)782/78/RD dt. 12/05/1978." The special rules framed in 1978 lay down, apart from the qualification for the post of inspector, the method of appointment, feeder categories, age qualification and reservation in appointments. It also prescribe conditions regarding probation, training test etc. IN Mohanan's case (supra) what was in issue was a conflict between the Kerala Weights and Measures (Enforcement) Rules, 1964, and the special rules. The Division Bench did not say that the special rules as a whole are bad. The Division Bench only held that if there is conflict between the two sets of rules, the Kerala Weights and Measures (Enforcement) Rules, 1964 would prevail over the Kerala Weights and Measures Subordinate Service Rules, 1978, framed under the Kerala Public Services Act. As such, in 1978 Rules, the provision regarding the qualification in conflict with the Kerala Weights and Measures (Enforcement) Rules 1964 only would be bad, meaning thereby, all other stipulations therein would be valid, such as method of appointment, age qualification etc. But in Ext. P9 what the Government has directed is that further promotions and postings may be done strictly as per the special rules of 1978, which certainly is in violation of the finding in Mohanan's case (Supra) insofar as in the 1978 Rules the qualification of graduation has been given a go by. Therefore, the other provisions, which are not in conflict with the Kerala Weights and Measures (Enforcement) Rules, would still hold the field. Therefore, the impugned direction in Ext. P9 is unsustainable on in respect of that part in the 1978 special rules relating to qualifications.