KERALA PUBLIC SERVICE COMMISSION Vs. NEETHU SURENDRAN

JUDGEMENT

(1.) These appeals under Sec. 5(i) of the Kerala High Court Act, 1958 were filed by the Kerala Public Service Commission (PSC) and the State of Kerala challenging the judgment dtd. 12/2/2024 in W.P.(C) No. 9309 of 2023. Common respondents No.1 to 7 filed the writ petition. Their challenge was against Exts.P1 and P4 insofar as the same fixed qualification for appointment to the post of Last Grade Servants in various Universities in Kerala that the candidates should not have acquired any graduation. Similar criteria contained in the Special Rules for the Kerala Last Grade Service were made applicable to the said appointment as well. The learned Single Judge allowed the writ petition and directed to make selection on the basis of the qualifications fixed in the respective statutory provisions applicable to respective universities.

(2.) The case of respondents No.1 to 7 was the following:

(3.) The State of Kerala, PSC and the Universities have filed counter-affidavits/statements. Their common contention in regard to prescribing of qualifications in Ext.P1 is in terms of Ext.P4 G.O. and therefore there is no irregularity or illegality in it. Laudable object of bringing about uniformity in the selection process and providing opportunities for the less fortunate owing to their inability to acquire higher qualification were highlighted by the State as well as the PSC. It was urged that on account of the disparity concerning the qualification in the provisions in various University Statutes, Ordinances and Regulations, the Government has, in exercise of its powers under Article 162 of the Constitution of India, issued Ext.P4 order, which is well within its powers. The authority of the State and the PSC to prescribe such a qualification certainly flows from the provisions of the KPSC Additional Functions Act and respondents No.1 to 7 approached this Court without any tenable ground. Accordingly, they sought to dismiss the writ petition.