KERALA PUBLIC SERVICE COMMSSION Vs. AJEESH VIJAYAN

JUDGEMENT

(1.) One of the qualifications prescribed for the post of Assistant Motor Vehicles Inspector in the Motor Vehicles Department by Annexure A1 notification dated 26.12.2014 of the Kerala Public Service Commission(PSC) is as follows:

(2.) The PSC contended that the respondent fell short of the requisite period of one year working experience even if Annexures A5 and A5(a) certificates are accepted in so far as they are relevant. Annexure A5 certificate is for the period from 10.5.2010 to 25.4.2011 whereas the respondent acquired the basic qualification prescribed for the post only much later on 27.9.2011. Only the experience gained by a person after acquiring the basic qualification could be reckoned under Rule 10(ab) of Part II of the Kerala State and Subordinate Services Rules, 1958 (KS&SSR). The PSC added that Annexure A5(a) certificate is relevant only for the period upto 28.1.2015 which is the last date for submitting applications by Annexure A1 notification. The period from 10.5.2014 to 28.1.2015 will cover only 8 months and 18 days and cannot make up the period of one year working experience which is the necessary qualification.

(3.) The respondent did not seriously dispute that Annexure A5(a) certificate cannot have relevance beyond 8 months and 18 days though he relied on Annexure A5 certificate to make up the balance period. The respondent contended that he had passed the B.Tech Mechanical Engineering at the Examination held in April 2010 as per Annexure A6(a) Degree Certificate. Therefore the entirety of the period covered by Annexure A5 certificate should be counted which would exceed one year of working experience when totalled to satisfy the necessary qualification.