LATHA Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Public Service Commission issued a notification in the Gazette dated 13th August 1996 inviting applications for appointment to the post of Binder Gr. II in the Government Presses of the Printing Department. Qualifications prescribed for the post were as follows: (1) Must have completed the SSLC course or its equivalent and (2) must have passed KGTE or MGTE in Book Binding (Lover). On the basis of the above mentioned notification several persons applied including the petitioners herein. Petitioners posses SSLC and Diploma in Printing technology. They have not passed KGTE or MGTE in Book Binding (Lower).

(2.) Petitioners applications were rejected by the Public Service Commission on the ground that they do not possess KGTE or MGTE in Book Binding (Lower) which are the essential qualification prescribed in the notification. According to the petitioner since they have passed Diploma in Printing Technology they should be treated as qualified for applying for the post of Binder Grade II. It is their Diploma course is three year course and all the subjects for KGTE and MGTE in Book Binding (Lower) have been included in the three year Diploma Course. Relying on the Special Rules for the Kerala Government Presses Subordinate Service petitioners submitted that for promotion to the post of Assistant Foreman (Binding) the qualifications prescribed are: (i) pass in SSLC or equivalent qualification and (ii) pass in KGTE or MGTE in Book Binding (Higher). It is further provided in the Special Rules in the absence of qualified hands for promotion, direct recruitment to the post of Assistant Foreman (Binding) could be resorted to for which the qualification prescribed are pass in SSLC or equivalent qualification and Diploma in Printing Technology of a recognised institution. According to them, the Diploma in Printing Technology is also considered as equivalent qualification for KGTE or MGTE in Book Binding (Lower). It is also stated for appointment to the post of Junior Foreman (Binding) which is a promotion post of Assistant Foreman (Binding) a ratio of 1:1 is prescribed for Diploma Holders and those who have passed KGTE or MGTE in Book Binding (Higher) : Composing (Lower) and machine Work (lower). it is their case Diploma in Printing Technology is considered as better qualification than KGTE or MGTE in Book Binding (Lower) and (Higher) for discharging the duties of Binder Gr. II, Grade I, Asst. Foreman (Binding), Junior Foreman (Binding) etc.

(3.) The qualification under Special Rules for the Kerala Government Presses subordinate Service prescribed for the post of Binder Gr. II is the one notified in Ext. P1 notification. Special Rules as well as the notification issued by the PSC prescribe applicants must have completed SSLC Course or its equivalent and must have passed KGTE or MGTE in Book Binding (Lower). Qualification prescribed in the Special Rules as well as the notification is specific.