ROY K. GEORGE Vs. KPSC

JUDGEMENT

(1.) These cases relate to recruitment to the post of Asst. Motor Vehicle Inspector in the Transport Subordinate Service. The petitioners were applicants to the said post when the recruitment was notified as per Ext. P1 in OP 15860/96, hereinafter referred to as the Notification. The notification is dated 11-7-95, and the last date for receipt of such application was 3-8-95. Qualifications required are: pass in Xth standard, Diploma in Automobile or Mechanical Engineering (3 year course) or equivalent qualification and work experience of atleast one year in a reputed (Government approved) automobile workshop which undertakes repairs of light motor vehicles, heavy goods vehicles and heavy passenger Motor Vehicles fitted with petrol and diesel engine. It is further provided in the Notification that this work experience "should be one acquired after the acquisition of the basic qualification" prescribed for the post and such experience should be from a Government approved workshop. It is further provided that "experience in the capacities of paid or unpaid apprentices, trainees and casual labourers will not be accepted". A form for such certificate of experience is also prescribed with insistence that such certificate shall be in the said form. There is a further requirement of holding a driving licence to drive motor cycle, heavy goods vehicle and heavy passenger vehicle.

(2.) The petitioner in O.P.15860/96 challenges Ext. P8. That is a communication from the public service commission rejecting the petitioner's application on the ground that he did not prove the required experience of one year after the acquisition of the basic qualification after the publication of the Diploma result and that the certificate was not in the prescribed form. The petitioner also seeks a declaration that the experience required if insisted as one acquired after publication of the result of the Diploma Examination is unconstitutional and void. It is an admitted case of the petitioner that he had passed the Diploma examination the result of which was declared on 6-8-91. Ext. P6 is the experience certificate to show that he had worked in a Government approved automobile workshop for a period of one year and one month from 1-6-91 to 30-6-92.

(3.) If this experience is reckoned from the date of publication of the result of the Diploma examination, the petitioner does not have one year's experience after acquisition of the qualification. The petitioner contends that after the completion of the course and after writing the examination, he had got such employment in the workshop and that experience shall be considered as the work experience acquired after the acquisition of the basic qualification.