Kerala High Court
Nidhin K D vs State Of Kerala on 30 September, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
2024:KER:72547
O.P. (KAT) No.130 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(KAT) NO. 130 OF 2024
AGAINST THE ORDER DATED 06.11.2023 IN OA (EKM)
NO.1954 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
NIDHIN K D, AGED 31 YEARS, S/O DIVAKARAN K R ,
KADUKUTTY HOUSE, KUTTICHIRA P O, THRISSUR
DISCTRICT, PIN - 680 724
BY ADVS.
C.V.MILTON
T.P.PRADEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
PRINCIPALSECRETARY LABOUR AND SKILLS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695 001
2 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY
ITS SECRETARY, PATTOM PALACE P.O,
THIRUVANANTHAPURAM, PIN - 695 033
3 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
COMMISSION, KSDC FOR SC/ST BUILDING, 2ND FLOOR,
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O.P. (KAT) No.130 of 2024
2
TOWN HALL ROAD. THRISSUR, PIN - 680 020
NISHA BOSE SR GP
P C SASIDHARAN SC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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O.P. (KAT) No.130 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner was the applicant before the tribunal.
The petitioner applied for the post of Clerk Typist/Typist Clerk in
various departments. As per A4 notification, qualification is
stipulated as follows:
"qualifications:
(1) Pass in SSLC or its equivalent.
(2) Lower Grade Certificate in KGTE
Malayalam Type writing or its equivalent.
(3) Lower Grade Certificate in KGTE
English Typewriting and Computer Word
Processing or its equivalent."
2. The petitioner does not possess the prescribed
qualification i.e., KGTE English Typewriting and Computer Word
Processing. However, the petitioner possesses the qualification
of Computer Operator and Programming Assistant. As per the
notification, any equivalent qualification will also be considered.
As per Annexure A5 - Government Order, Computer Operator
and Programming Assistant is an equivalent qualification.
Annexure - A5 was issued on 30.03.2017. The rank list came
into force w.e.f. 01.02.2023. In the meanwhile, based on an
expert committee report, the Government issued Annexure - A7
Order stating that Computer Operator and Programming
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Assistant cannot be considered as an equivalent qualification.
The Government has not only stated that it cannot be treated as
an equivalent qualification but also stated that this cannot be
even considered as a higher qualification. Annexure - A7 was
issued on 15.12.2020. The Apex Court in State of Himachal
Pradesh v. Raj Kumar [2022 (4) KLT SN 17] and this Court
in Mehaboob v. State of Kerala [2022 (4) KLT 653] held
that it is for the Government to decide the rules that would apply
for appointment. It is open for the Government to hold that
those who are qualified by Annexure A5 can be considered for
the present selection also or only those by Annexure - A7. It is
also open for the Government to revisit Annexure - A7 if so
warranted. This Court cannot interfere as of now as, on the date
of appointment, the eligibility as per the present decision of the
Government as per Annexure - A7 will have to be followed.
3. Anyway, we give liberty to the petitioner to
approach the Government to highlight his grievances. It is open
for the petitioner to appraise the Government that his
qualification can be treated as equivalent to the present
selection. The petitioner shall highlight his grievances before the
Government within a period of two weeks from today and the
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same shall be considered by the Government within a further
period of two months, after hearing the petitioner.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
PR
2024:KER:72547
APPENDIX OF OP(KAT) 130/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE DISABILITY CERTIFICATE
DATED 21.03.2018
Annexure A2 TRUE COPY OF THE SSLC CERTIFICATE DATED
26.02.1992
Annexure A3 TRUE COPY OF THE STATE TRADE CERTIFICATE
DATED 10.03.2018
Annexure A4 TRUE COPY OF THE NOTIFICATION OF
CATEGORY NO.103/2019 DATED 27.07.2019 BY
KERALA PUBLIC SERVICE COMMISSION
Annexure A5 TRUE COPY OF GO(MS) NO.21/2017/LBR DATED
30.03.2017
Annexure A6 TRUE COPY OF ADMISSION TICKET NO.Z110498
ISSUED TO THE APPLICANT
Annexure A7 TRUE COPY OF GO(MS) NO.56/2020/LABOUR
DATED 15.12.2020
Annexure A8 TRUE COPY OF NO.DR1/3/50021/2018-KPSC
DATED 30.01.2022
Annexure A9 TRUE COPY OF THE PROBABILITY LIST PL
NO.23/2022 DOR DATED 05.11.2022 CAT
Annexure A10 TRUE COPY OF OF THE REPRESENTATION DATED
11.11.2022 TO THE CHAIRMAN, PSC
Annexure A11 TRUE COPY OF THE RANK LIST
NO.64/2023/DOR BROUGHT INTO FORCE WITH
EFFECT FROM 01.02.2023 PUBLISHED BY THE
3RD RESPONDENT TOGETHER WITH MA NO :
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION
BEFORE KAT BY OA(EKM) NO.1954/2022
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Exhibit P2 TRUE COPY OF THE ORDER DATED 06.11.2023
IN OA(EKM) 1954/2022
Exhibit P3 TRUE COPY OF OF THE ORDER NO. GO(MS)
234/2022/GEDN DATED 19.12.2022
