KERALA PUBLIC SERVICE COMMISSION Vs. KRISHNAPRASAD

JUDGEMENT

(1.) These three batches of original petitions arise from different orders of the Tribunal, along with a writ appeal from a judgment of a Single Bench of this Court. The common issue in all these cases pertains to the recurring controversy surrounding the acceptance of qualifications, particularly those which presuppose the acquisition of a lower qualification prescribed for a post.

(2.) The dispute gains prominence due to the fact that, in Kerala, recruitment continues to be governed by Special Rules or executive orders framed five to six decades ago, while university and college courses have significantly evolved over time to meet the demands of the modern job market. Although the Government is aware of this issue, no steps have been taken either to update the prescribed qualifications or to modify the general rules under the Kerala State and Subordinate Services Rules, 1958 (KS&SSR) in a manner consistent with present-day educational and employment trends. Another reason for this issue is that the Government departments can identify the higher qualifications that presuppose the lower ones, even before issuing the requisition. However, the Government departments initiating such recruitment seldom undertake this exercise. Consequently, litigations have flooded the Courts, creating a state of administrative uncertainty, with the future of many candidates left hanging in the balance.

(3.) We have chosen to mention this prelude to highlight the complexity of the issue, reflected by the plethora of precedents cited before us. These precedents point to a lack of clarity in the interpretation and application of qualifications prescribed under decades-old rules. If the Government continues in its inaction, such litigation is bound to increase, adversely affecting public administration, which is already in dire need of qualified personnel.