MUHAMMED NAEEM V.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) These intra court appeals under Sec. 5 of the High Court Act,1958 have been filed by the petitioners in W.P.(C). No.8870/2021 and W.P.(C). No.3383/2022 aggrieved by the common judgment dtd. 07/12/2022 by which the writ petitions have been dismissed. The respondents herein are the respondents in the writ petitions.

(2.) The petitioners in W.P.(C). No.8870/2021 are applicants to the post of Meter Reader/Spot Biller in the Kerala State Electricity Board, that is, the third respondent (KSEB) pursuant to Ext.P2 notification published by the second respondent, Public Service Commission (PSC). The petitioners have acquired the National Trade Certificate (NTC) in Electrician/ Wiremen/Electronic Trade after undergoing a regular course of study. The certificate course is qualitatively and functionally different from that of diploma or degree course in engineering. As such diploma or degree course cannot be treated as a higher qualification to the ITI course. Apprehending that ineligible candidates are likely to be included in the rank list, the petitioners filed W.P.(C)No.38864/2017. The said writ petition was disposed of by Ext.P7 judgment dtd. 04/02/2021 in which this Court expressed the hope that PSC would be careful enough to ensure that only those candidates who are eligible as per the notified educational and other qualification would be included in the final rank list. Thereafter, Ext.P8 rank list dtd. 19/03/2021 was published by the PSC in which the names of ineligible candidates also find a place. Candidates with degree and diploma in Electrical and Electronics are seen included in the rank list. Because of the inclusion of ineligible persons in the rank list, the first petitioner has not been included in the rank list and the second petitioner who would have been placed in the main list has been placed in the supplementary list of Muslims. Hence the writ petition to declare that "Engineering Degree Holders and Diploma Holders" without having "National Trade Certificate (NTC)" in Electrician or Wiremen or Electronics Trade as specified in Ext.P2 notification are ineligible to be included in Ext.P8 rank list; to declare that Rule 10(a)(ii) of Part II KS&SSR is not applicable to the technical qualification prescribed in Ext.P2 notification and to declare that any decision or order, if any of the PSC to include degree and diploma holders who do not have the qualification as specified in Ext.P2 notification for the post of Meter Reader to be illegal, arbitrary and unreasonable.

(3.) While the aforesaid writ petition was pending, the Government issued Ext.P11 notification dtd. 21/01/2022 wherein it has been stated that Electrical and Electronic diploma course conducted by the Kerala State Board of Technical Education is a higher qualification of the Kerala Government/Certificate Examination (KGCE) in Electrical Engineering. Hence, the petitioners moved W.P.(C)No.3383/2022 contending that Ext.P11 has been issued by the Government without noticing the fact that the issue regarding qualification is pending in W.P(C). No.8870/2021 and that Ext.P10 interim order is in force. A reading of Ext.P11 would make it clear that none of the relevant aspects were considered by the Government before issuing Ext.P11 order. The said order does not have any retrospective effect and it would not in any way affect Ext.P2 notification published on 28/01/2015 and the rank list dtd. 19/03/2021. Degree or diploma was never treated as a higher qualification of NTC. The PSC does not have the power to declare it so in the light of the decision in Suma A. v. Kerala Public Service Commission, 2011 (1) KHC 16. Though Ext.Pll will not have any retrospective effect, the petitioners are challenging the same by way of abundant caution. The qualification now declared as a higher qualification as per Ext.P11 is not a qualification notified in Ext.P2. B.Tech degree and diploma cannot be taken as a higher qualification as the same is not an equivalent qualification prescribed for the post. The holders of a diploma or Engineering degree have got several employment opportunities, while those who have passed 8th standard and I.T.I. Certificate in Wiremen/ Electrician/Electronics have got only limited opportunities. If the short list is published by including diploma and degree holders, then the chances of the I.T.I. holders getting employment would be curtailed to a considerable extent. Subsequent amendment to the qualifications after the publication of Ext.P2 notification and the rank list is impermissible in law and also unjustified. It is in that background the writ petition was filed to declare that Ext.P11 Government Order does not have any retrospective effect or that it would in any manner affect Ext.P2 notification or Ext.P8 rank list and the appointments made therein.