SURESH KUMAR B Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioners have applied for the post of Operator in Kerala Water Authority in terms with Ext. P-1 notification published in the Gazette on 24-4-2006. The qualification prescribed was pass in S.S.L.C. examination or equivalent qualification and National Trade Certificate (N.T.C.) in Mechanical (Motor Vehicle/Electrician). According to the petitioners, they have the required qualification. The Special Rules published as per G.O. (P) No. 86/79/LA - SWD dated 25-9-1979 also provides for the same qualification for the post of Operator. But the complaint of the petitioner is that while publishing Ext. P-4 probability list of candidates on 29-10-2008 the Kerala Public Service Commission (KPSC) added a note indicating that candidates with certain other qualifications are also considered which are as follows:

(2.) The petitioners also have a case that the higher degree which is stated in the Note is not an equivalent qualification to the National Trade Certificate course which the petitioners had undertaken.

(3.) Pursuant to Ext. P-4, by an interim order dated 14-1-2011, the learned Judge of this Court had observed that in order to consider whether Diploma in Electrical Engineering/Mechanical Engineering/Automobile Engineering and Degree in Electrical Engineering/Mechanical Engineering and Electrical and Electronics Engineering are qualifications which presuppose acquisition of the qualification of National Trade Certificate in Mechanic (Motor Vehicle/ Electrician) as stipulated in Rule 10 (a)(ii) of Kerala State & Subordinate Services Rules, 1958, it was necessary to get expert opinion on this aspect from a competent authority under the Government of Kerala. Accordingly, the Director of Technical Education, Thiruvananthapuram was suo motu impleaded as a respondent and there was a further direction that an affidavit of the Director of Technical Education should be filed within a period of three weeks.