K. MANIKANDAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Yet again, the rejection of candidature by the Kerala Public Service Commission (for short 'PSC') is to face the judicial scrutiny in the light of Rule 10(a)(ii) of the General Rules in Kerala State and Subordinate Services Rules, 1958 (for brevity 'KS & SSR'). This situation arose in the following background:

(2.) Essentially, the petitioners contend that they possess the requisite academic qualifications relying on Rule 10(a)(ii) of the General Rules in KS & SSR. It is the further contention of the second petitioner that having accepted the experience certificate produced by the first petitioner, there was absolutely no reason at all for holding him ineligible on account of lacking the prescribed experience. According to the second petitioner, the certificate produced by him revealing the gained experience of seven years in the category of Special Grade Assistant in the Kerala State Financial Enterprises Ltd., which is a Government of Kerala undertaking should have been treated as sufficient to satisfy the requirement regarding the prescribed experience. Respondents 2 and 3 have filed separate counter-affidavits. Essentially, their contention is that Rule 10(a)(ii) of the General Rules in KS & SSR got no application in the facts and circumstances of the case and being persons lacking the prescribed qualification of Graduation in Commerce viz., B.Com. or any other qualification prescribed the petitioners cannot claim possession of the prescribed academic qualification for getting appointment as Divisional Accountant in pursuance of Ext. P-1 notification. In the case of the second petitioner the stand is that he is lacking the prescribed experience as well.

(3.) I have heard the learned counsel for the petitioners, the learned standing counsel appearing for respondents 1 and 2 and the learned standing counsel appearing for the third respondent. In view of the rival contentions, essentially, the first question to be decided is whether the petitioners are entitled to get the benefit of the provisions under Rule 10(a)(ii) of the General Rules in KS & SSR for the purpose of holding them as qualified candidates for selection to the post of Divisional Accountant pursuant to Ext. P-1 notification. Before adverting to the rival contentions in detail, it is only apposite to refer to Rule 10(a)(ii) of the General Rules in KS & SSR and the same reads thus: