ANI G MATTATHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the petitioners are working as Peons in the Health Services Department. Qualified Peons are entitled for appointment by transfer to the post of Junior Health Inspector Gr. II in the department. The higher qualification required in the absence of technical qualification prescribed as item (ii) is Sanitary Inspector's Training Certificate (Diploma)/Health Inspectors Training Certificate. This was further amended by Ext. P2, providing that the technical qualification of diploma in Health Inspector Course will be treated as the qualification required.

(2.) The question is whether petitioners who acquired the qualification by distance education are eligible to be considered to have satisfied the qualification prescribed in Ext. P2. The objection taken is that they have not availed any eligible leave for acquiring the said qualification and therefore, the same cannot be accepted. The learned Counsel for the petitioner relied upon the decisions of this Court reported in Mohanan Nair v. State of Kerala 1994 (2) KLT 537 and State of Kerala v. Suja Kumari and another decision of the Division Bench of this Court in Public Service Commission v. Abdul Resheed 2007 (3) KLT 881 to contend that apart from prescribing the qualification nothing more have been provided therein and there is no bar in accepting the qualification acquired through distance education and hence the petitioner's eligibility cannot be disputed.

(3.) Initially, the qualification was prescribed by Ext. PI dated 23-1-1989 wherein it was specified that the Health Inspectors Training Certificate/Sanitary Inspector's Training Certificate (Diploma) of the All India Institute of Local Self Government, Bombay or its equivalent as one of the alternate qualification in the absence of the qualification prescribed in para (ii). This was modified by Ext. P2. It was specified that Diploma in Health Inspector Course (DHIC) will be the qualification for appointment to the post of Junior Health Inspector Grade-II from the date of effect of the said order or from the date of expiry of the existing PSC Rank list, whichever is earlier. Apart from providing so, there is no other prescription as per the terms in Ext. P2 as to the mode by which they should acquire the qualification.