K. V. SAILESH Vs. KPSC

JUDGEMENT

(1.) Petitioners in both the Original Petitions are diploma holders in automobile engineering, except the third petitioner in O.P.No. 17731 of 1995. Petitioners challenge the notification issued by the Kerala Public Service Commission on 11-7-1995 prescribing diploma in Mech. Engineering as an alternative qualification for diploma in automobile engineering for appointment to the post of Assistant Motor Vehicle Inspector in the Motor Vehicles Department. They contend that the prescription of diploma in mechanical engineering as an alternative qualification is illegal and violative of the qualification prescribed for the said post under the Special Rules for the Kerala Transport Subordinate Service, where diploma in mechanical engineering is not prescribed as an alternative qualification.

(2.) The Kerala Public Service Commission issued a notification No. R & A (3) 15575/95/GW dated 11-7-1995 published in the Kerala Gazette dated 18-7-1995 inviting applications from the qualified candidates for the post of Assistant Motor Vehicle Inspector in the Motor Vehicles Department of the Government of Kerala. The method of recruitment is stated to be direct recruitment. According to clause (7) of the notification, qualification prescribed is not in conformity with or in accordance with the qualification prescribed under the Special Rules framed under the Act. According to the petitioners, diploma in automobile engineering is recognised by the State as the basic qualification under the Special Rules, whereas the notification prescribes diploma in mechanical engineering as an alternative qualification. Petitioners are fully qualified for appointment to the post of Assistant Motor Vehicle Inspector as per the Special Rules as well as the notification. But they are aggrieved on account of prescription of alternative qualification in violation of the Special Rules with the result that if candidates with diploma in mechanical engineering would also apply for the post, the chances of persons like the petitioners would adversely be affected for getting appointment to the post of Assistant Motor Vehicles Inspector. It is contended by counsel for the petitioners that the Public Service Commission has no jurisdiction to prescribe qualification in violation of the Special Rules. Consequently they have approached this Court praying for a writ of mandamus directing the respondents to make selection to the post of Assistant Motor Vehicle Inspector only from among the applicants having SSLC and diploma in automobile engineering and for consequential reliefs.

(3.) The Public Service Commission, first respondent, has filed a counter affidavit, and a statement has been filed on behalf of the second respondent. It is stated by the first respondent that the Transport Commissioner to Government of Kerala as per letter No. A6-17556/TC/94 dated 1-10-1994 reported 29 vacancies for the post of Assistant Motor Vehicles Inspector. The qualifications noted in the Proforma reporting the vacancies were those stipulated in the Special Rules for the post issued by the Government of Kerala vide G.O.(P) No. 164/PD dated 12-5-1964 as amended in G.O.(P) No. 74/77/PD dated 2-6-1977, which included a minimum educational qualification of SSLC with diploma in automobile engineering. However, the Transport Commissioner later informed that the Government of India as per notification SRO.No. 444(E) dated 12-7-1989 prescribed diploma in mechanical engineering awarded by the State Board of Technical Education as an alternative qualification for diploma in automobile engineering. On the basis of the requisition received from the Transport Commissioner, the Public Service Commission considered the question of notifying the vacancies for the post of Assistant Motor Vehicles Inspector. After analysing the qualification laid down by the Central Government and the qualification laid down by the State Government under the Special Rules, the Public Service Commission decided to notify the post based on the qualification laid down by the Central Government. The views of the Public Service Commission were communicated to the Government vide their letter No. GR III B(2)-29199/94 dated 4-4-1995 with an advice to amend the Special Rules for the post of Assistant Motor Vehicle Inspector in line with the qualification prescribed for the post by the Government of India. The State Government in their letter dated 9-5-1995 informed the Public Service Commission that it has already taken steps to amend the Special Rules on the basis of the qualifications prescribed by the Government of India. The State Government also vide their letter No. 10920/N4/95/PW & T dated 26-6-1995 informed the Commission that they agree to adopt the qualifications prescribed in the Govt. of India Notification pending amendment to Special Rules. The Public Service Commission was requested to notify the post and finalise the selection. The Public Service Commission then issued Ext. P1 notification dated 11-7-1995 on the basis of the qualification prescribed by the Government of India. The last date for receipt of the applications was 30-8-1995. Petitioners in O.P.No. 14595 have also applied on the basis of the notification.