IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 7792 of 2008(C) ------------------------- PETITIONER: ------------ BINDUMOL G.P. SCIENTIFIC ASSISTANT (CHEMISTRY) INDIAN CARDAMON RESEARCH INSTITUTE SPIECES BOARD, KAILASANADU P.O. MYLADUMPARA, IDUKKI, PIN 685 553. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN 695 004. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE RELEVANT EXTRACT OF THAT NOTIFICATION IN THE KERALA GAZETTE EXTRAORDINARY DATED 15.12.06 INVITED APPLICATIONS FOR APPOINTMENT TO THE POST OF EXECUTIVE CHEMIST (HYDROCHEMISTRY BRANCH) IN THE GROUND WATER DEPARTMENT EXT.P2- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO EXT.P1 DTED 27.12.06 EXT.P3- TRUE COPY OF THE LETTER NO.G.R.3 A(2) 26837/2004/GW/4 DATED 9.4.07 OF THE SECRETARY KPSC EXT.P4- TRUE COPY OF THE LETTER NO.G.R.3A(2) 26837/2004/GW/4 DTED 23.7.07 OF THE SECRETARY KPSC EXT.P5- TRUE COPY OF THE CERTIFICATE DATED 23.5.94 ISSUED FROM THE CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT A STATE GOVERNMENT ORGANISATION EXT.P6- TRUE COPY OF THE CERTIFICATE DATED 25.7.07 OBTAINED FROM THE QUALITY EVALUATION LABORATORY OF THE SPICES BOARD. EXT.P7- TRUE COPY OF THE CERTIFICATE OF EXPERIENCE DATED 24.7.07 FROM THE INDIAN CARDAMOM RESEARCH INSTITUTE. EXT.P8- TRUE COPY OF THE LETTER NO.GRIIIA(2) 26837/04/GW DATED 20.2.08 OF THE SECRETARY KPSC. (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).7792/2008 -------------------- Dated this the 5th day of June, 2008 JUDGMENT The Public Service Commission invited applications for the post of Executive Chemist (Hydrochemistry Branch) in the Ground Water Department, as per Ext.P1. The qualifications prescribed for the post is extracted herein. (i). Masters Degree in Chemistry with not less than 50% marks and (ii). Ten years experience in analysis of water agricultural and drinking purpose in any of the State/Central Government Department/Organization. Desirable - Doctorate Degree (Ph.D/D/Sc) in Chemistry. The Experience Certificate must be in the form prescribed attached with the Gazette notification specifying the nature of work and the same should be gained from State/Central Government Department/Institution. The experience certificate shall be produced as and when called for. W.P.(C).7792/2008 2 2. Petitioner possesses the qualification of Master’s degree in Chemistry and also has experience in Water Analysis. The question is whether she has ten years of experience in analysis of water for agricultural and drinking purpose in any of the State/Central Government Department/Organization. 3. It is unnecessary to refer to the contentions of either parties elaborately, in as much as the controversy now centres around the question as to whether the experience gained by the petitioner with the Centre for Water Resources Development and Management, an autonomous Research Organization established by the Government of Kerala during the period from 2.12.1993 to 2.5.1994, can be treated as sufficient experience in terms of the notification as such. It is appropriate that the certificate issued in this regard, marked as Ext.P5, is extracted below. This is to certify that Smt. G.P.Bindumol has been working as Junior Research W.P.(C).7792/2008 3 Fellow under the ICAR funded project on “Physico-chemical Investigations on Crop Hazards Due to Industrial Pollution” from 2.12.1993 to 2.5.1994. During this period, she was engaged in the analysis of soil, plant and water samples in the laboratory. She is well- versed with modern techniques and instruments for the analysis of soil, plant and water samples. 4. I also take note of the fact that the Centre for Water Resources Development and Management is admittedly one established by the Government of Kerala, as an autonomous research organization. The petitioner had worked as Junior Research Fellow in a project which was funded by the ICAR on “Physico-chemical Investigations on Crop Hazards Due to Industrial Pollution”. Apparently, the functions discharged by them, in the laboratory was analysis of soil, plant and water samples. Experience, which the petitioner seems to have gained from 2.12.1993 to 2.5.1994 would be the kind of experience that is required by the prescribed qualifications for the post. But, PSC took the stand that W.P.(C).7792/2008 4 the said experience gained by the petitioner as a Junior Research Fellow in the ICAR funded project is only an extension of the petitioner’s study and is not an experience gained in the course of an employment, pursuant to an appointment, either permanent or temporary, as the case may be. It is this controversy that essentially has to be resolved in this writ petition. 5. The post is one borne on public service and therefore, the General Rules of Part-II of K.S. & S.S.R are applicable. Rule 10(ab) of the said Rules reads as follows:- Where the Special Rules or Recruitment Rules for a post in any service prescribed qualification of experience, it shall, unless otherwise specified, be one gained by persons on temporary or regular appointment in capacities other than paid or unpaid apprentices, trainees and Casual Labourers in Central or State Government service or in Public Sector Undertaking or Registered Private Sector Undertaking, after acquiring the basic qualification W.P.(C).7792/2008 5 prescribed for the post: Provided that the experience gained as factory workers on daily wages of a permanent nature may be accepted, if the service is continuous and not of a casual nature. 6. It is this rule which has been taken note of in Condition No. 21 of the General Conditions which reads as follows:- Unless otherwise specified, the experience prescribed as qualification for any post shall be one gained by candidate holding temporary or regular appointments in Central or State Government Service or in Public Sector undertaking or Registered Private Sector Undertaking after acquiring the basic qualifications prescribed for the post. The experience gained as factory workers on daily wages of a permanent nature will also be accepted provided the service is continuous and not of a casual nature. Experience gained by candidates in the capacities of paid or unpaid apprentices trainees and casual labourers will not be W.P.(C).7792/2008 6 accepted. 7. A reading of the Rules in General Conditions indicate that the experience which is mentioned in the Rule is one to be gained by the persons on temporary or regular appointment in capacities in Central or State Government Services or in Public Sector undertaking or Registered private sector undertaking. Learned counsel for the petitioner, Sri.Aravindakshan Pillay submits that the experience gained by the petitioner as a Junior Research Fellow in the ICAR funded project undertaken and conducted by the Centre for Water Resources Development and Management was in the course of discharge of duties of a person employed in that capacity. The contention in the reply affidavit filed by the petitioner is that she was appointed in the capacity of a Junior Research Fellow and that she was being paid for the services rendered by her. It was not a case where she had acquired that experience, in the course of a study undertaken in that behalf as an extension of her study for the purpose of acquiring a qualification. He submits that therefore, it was an experience acquired in W.P.(C).7792/2008 7 the course of discharging duties in a capacity, pursuant to a temporary appointment. 8. Mr.Alexander Thomas, learned Standing Counsel for the PSC submits that a Junior Research Fellow in the Centre for Water Resources Development and Management as the name indicates, would essentially be a person who participates in a project which is funded by the ICAR and such participation is essentially an extension of the study which is undertaken by such person. 9. It would have been better if the certificate produced by the petitioner was in conformity with the model certificate which forms part of the notification as such, referred to in Ext.P3. But I take note of the fact that Ext.P5 was issued as early as on 23.5.1994. An aspirant for an employment like the petitioner may not always be in a position to produce the certificate in the prescribed format. At any rate, PSC has not rejected the petitioner's application for the reason that the certificate is not in conformity with the prescribed form. W.P.(C).7792/2008 8 I am of the view that there are two crucial aspects which fell for consideration by the PSC and which would normally do so in any other case, where it is required to consider the nature of experience that is required for a post, that is governed by Rule 10(ab) of Part-II of K.S. & S.S.R. Experience of certain category, namely an apprentice, a casual employee or as a trainee is excluded from consideration, going by the Special Rules. But, one thing that is of importance is that the experience gained must be in the course of an employment. The employment need not be of a permanent character. This is also made clear by the Rule that the employment pursuant to even a temporary or a provisional appointment, would be sufficient. What is therefore, of importance is whether the duties were discharged by the concerned person, pursuant to an employment which he had undertaken or the duties were discharged by him as an extension of the study which he had undertaken. If it is a case of the former, such experience would be sufficient in terms of the Rules. If the experience was gained only as part of the study which is undertaken by the applicant, then it W.P.(C).7792/2008 9 is not sufficient in terms of the Rules. In my view, this question could have appropriately been decided by the Commission with input from the Centre for Water Resources Development and Management. I am of the view that the matter therefore, requires a re- consideration by the PSC. 10. Since the information will have to be collected in this regard from the Centre for Water Resources Development and Management, PSC may address the said body with a specific query formulated, keeping in mind the observations made herein above. I take note of the fact that the Centre for Water Resources Development and Management is not a party to the writ petition. But they are a responsible body established by the Government of Kerala. I am sure that the said Centre would supply whatever information is in their possession on a specific query made in that behalf by the PSC. A copy of this judgment shall be placed before them and their attention must be specifically drawn to those aspects to which I have made reference herein above. W.P.(C).7792/2008 10 11. In the result, writ petition is disposed of in the following terms:- (i). PSC shall re-consider the question as to whether the experience acquired by the petitioner, while working as Junior Research Fellow in the ICAR funded project, as certified in Ext.P5, was an experience gained by the petitioner in the course of an employment pursuant to an appointment effected on a temporary/permanent basis, as the case may be, or was it a case of an experience acquired by her as an extension of her study. (ii). Centre for Water Resources Development and Management shall forward to the PSC, as expeditiously as possible, the details regarding the manner in which the petitioner had functioned as Junior Research Fellow in the ICAR funded project, the nature of duties discharged by her and the details of remuneration which she had received in that behalf. (iii). Centre shall also give the details of W.P.(C).7792/2008 11 similar experience acquired by any other person either contemporaneously or in a similar project. (iv). Centre shall furnish the details as sought by the PSC, as expeditiously as possible, at any rate within a period of three weeks from the date on which they obtain requisition from the PSC. (v). Commission shall then decide whether the petitioner has requisite experience in terms of the notification on the basis of the materials collected from the Centre for Water Resources Development and Management. A reasoned order may be passed in this regard. The entire process shall be completed within a period of three months from the date of receipt of a copy of this judgment. 12. The interim order already passed by this Court on 10.4.2008 to the following effect - “There will be an interim direction to the effect that if any appointment is made pending the writ petition, same will be provisional and subject to further orders to be passed in the writ petition, and the same will be stated in the order of W.P.(C).7792/2008 12 appointment also.” - shall continue to remain in force, till a decision is taken by the Commission as indicated above and communicated to the petitioner. Needless to say, the decision to be taken by the Commission will be without reference to Ext.P8 as such. 13. Registry shall communicate a copy of this judgment to the Centre for Water Resources Development and Management. But apart from this, petitioner shall also produce a copy of the judgment before the Centre. V.GIRI, Judge mrcs