PRADEEP KUMAR Vs. MOHANAN

JUDGEMENT

(1.) The short question for consideration in this appeal filed by the appellants (respondent Nos. 4 and 5 in O.P. No. 15483/92) is : whether they could be asked to vacate the post of Technical Assistant (Khadi) after about seven years of service on the ground that some mistake was discovered by the Kerala Public Service Commission (respondent No. 3 in O.P. - hereinafter referred to as the Commission) in their selection.

(2.) The Commission invited applications for selection to the post of Technical Assistant (Khadi) and Khadi Development Officer in the Kerala Khadi and Village Industries Board. The qualification prescribed for the above posts, as per the notification were as follows: (i) Pass in SSLC or equivalent, (ii) Diploma in Textile Technology recognised by the Government of Kerala and (iii) Successful completion of training in Khadi Spinning and Weaving in any of the training centres recognised by the Khadi and Village Industries Commission or Kerala Khadi and Village Industries Board for conducting such training. It is also made clear that in the absence of candidates possessing all the three qualifications, the candidates possessing the first two qualifications will be selected for appointment. The petitioner, respondent Nos. 4 and 5 and others submitted their applications for selection. After an interview, the Commission prepared two rank lists. Respondent Nos. 4 and 5 were placed in the first rank list and the petitioner and others were included in the second rank list. Respondent Nos. 4 and 5 (appellants herein) were included in the first rank list for the reason that according to the Commission, they possessed all the three qualifications prescribed in the notification. The persons included in the second rank list possessed only the first two qualifications. Appellants were appointed to the post of Technical Assistant (Khadi). By Ext. P1 letter addressed by the Commission to the Secretary, Kerala Khadi and Village Industries Board informed as under:

(3.) Respondent No. 1 petitioner prayed in the Original Petition that respondent No. 2 be directed to terminate the service of the appellants as Technical Assistants (Khadi) forthwith as their appointment made by the Commission was purely under mistake. The learned single Judge held that the Commission was misled by the certificate issued by the Chavara Block Khadi Producers Industries Cooperative Society, who wrongly stated that the same had been certified by the Khadi and Village Industries Commission. In fact the said society was not certified by the Khadi and Village Industries Commission and therefore, the learned single Judge took the view that the training qualification was not fulfilled by respondent Nos. 4 and 5 (appellants) and, therefore, the advice by the Commission for their appointment as Technical Assistants (Khadi) was purely a mistake, which the Commission was entitled to cure by cancelling their selections even beyond one year, inasmuch as the members of the staff of the Kerala Khadi and Village Industries Board are governed by the Staff Regulation, 1967, which is a special enactment governing the conditions of service of the staff of the Kerala Khadi and Village Industries Board and not by the Kerala State and Subordinate Services Rules, 1958 which are general statutory rules. The learned single Judge held that the former, being the special enactment, shall apply in preference to the latter. This is how the learned single Judge having regard to the provisions contained in Clause.16 of the Kerala Khadi and Village Industries Board Regulations, 1967, directed the Commission to take appropriate action for cancelling the selection of respondent Nos. 4 and 5 (appellants).