Case: AJITH K Vs. ANEESH K.S

12. On a careful analysis, it emerges that none of the conditions stipulated in Rule 10(a)(ii) have been fulfilled. The first situation contemplated by Rule 10(a)(ii) is where qualifications are recognized by executive orders or standing orders of the government as equivalent to a qualification specified for a post. This is not satisfied. With reference to the second situation contemplated in Rule 10(a)(ii) there was no determination by KPSC in accordance with Rule 13(b)(i) of the equivalence of the qualifications. Finally, the last condition contemplated in Rule 10(a)(ii) adverts to those qualifications which pre-suppose the acquisition of a lower qualification prescribed for a post. The expression pre-suppose means subsumed in. All that we find from the report of the three-member Committee are general observations about the duration of the DHIC being longer, of a similarity of the topics in the syllabi and a comparison between the number of theory and practical sessions. There has been no finding that the acquisition of the DHIC pre-supposes the completion of the certificate course. 13. The decision in Jyoti K K concerned a situation where KPSC invited applications for selection for the post of Sub-Engineers (Electrical) in the Kerala State Electricity Board . The technical qualifications prescribed were as follows: 2. Technical qualifications— (a) Diploma in Electrical Engineering of a recognised institution after 3 years course of study, OR (b) a certificate in Electrical Engineering from any one of the recognised technical schools shown below with five years service under the Kerala State Electricity Board, [Not fully extracted as not relevant] OR (c) MGTE/KGTE in electrical light and power (higher) with five years experience as IInd Grade Overseer (Electrical) under the Board. The appellants were B.Tech degree holders or Bachelors degree holders in electrical engineering. KPSC held that they were not eligible for selection. The candidates contended that they were persons possessing higher qualifications and hence could not be excluded. This Court interpreted the provisions in Rule 10(a)(i) and held: 7. It is no doubt true, as stated by the High Court that when a qualification has been set out under the relevant Rules, the same cannot be in any manner whittled down and a different qualification cannot be adopted. The High Court is also justified in stating that the higher qualification must clearly indicate or presuppose the acquisition of the lower qualification prescribed for that post in order to attract that part of the Rule to the effect that such of those higher qualifications which presuppose the acquisition of the lower qualifications prescribed for the post shall also be sufficient for the post. If a person has acquired higher qualifications in the same Faculty, such qualifications can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. In this case it may not be necessary to seek far. 8. Under the relevant Rules, for the post of Assistant Engineer, degree in Electrical Engineering of Kerala University or other equivalent qualification recognised or equivalent thereto has been prescribed. For a higher post when a direct recruitment has to be held, the qualification that has to be obtained, obviously gives an indication that such qualification is definitely higher qualification than what is prescribed for the lower post, namely, the post of SubEngineer. In that view of the matter the qualification of degree in Electrical Engineering presupposes the acquisition of the lower qualification of diploma in that subject prescribed for the post, shall be considered to be sufficient for that post. 14. The above extract indicates that the qualification for the promotional post of assistant engineer was a degree in engineering. Consequently, the acquisition of the degree was held to pre-suppose the acquisition of the =lower qualification of the diploma prescribed for the post of sub-engineer. This constitutes a distinguishing factor and hence the decision in Jyoti K K does not apply to the present facts. The decision in Jyoti K K was subsequently distinguished in State of Punjab v Anita (2015) 2 SCC 170 , as noted by this Court in a more recent decision in Zahoor Ahmad Rather v Sheikh Imtiyaz Ahmad (2019) 2 SCC 404. (See also in this context, the decision of the two judge Bench in P M Latha v State of Kerala (2003) 3 SCC 541.) 15. The Principal Secretary to the State Government (EU) in a communication dated 7 July 2017 to KPSC stated: Though, diploma in Health Inspector course having a duration of 2 years is not included in the qualifications required as per the notification for Junior Health Inspector, Grade II in Municipal Common Service, the PSC has included those candidates having qualifications in diploma in Health Inspectors Course shortlist of the said post by taking the same as an additional qualification to the rest of qualifications... Since in the circumstances that the report submitted by the Director of Health Department after conducting comparison study of syllabus of both the course, the diploma in Health Inspectors course is a higher qualification above the qualification prescribed under the concerned special rule and that diploma in Health Inspector course is accepted as a qualification to the post of Junior Health Inspector in the Health Department, the diploma in Health Inspectors Course can be accepted and reckoned as a higher qualification compared to the qualification prescribed to the post of Junior Health Inspector Grade II in Municipal Common Service. (Emphasis supplied) 16. The reference to the diploma being an additional qualification is extraneous to Rule 10(a)(ii). The reference to a diploma being acceptable in the Health Department is again an extraneous consideration. Ex facie, it is evident that in coming to the conclusion extracted above, there was no application of mind to the requirements contained in Rule 10(a)(ii). There was no determination of equivalence by any executive order or standing order of the State Government. Nor was there any finding that a DHIC pre-supposes the acquisition of the lower qualification. KPSC has not carried out any exercise as required by the provisions of the rule.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]11. The starting point of our enquiry in the present case is the order of the State Government dated 16 August 1972, published in the Kerala Gazette on 29 August 1972. It specifies the minimum qualifications required for the post of Health Inspector/ Food Inspector Grade-II. The qualification prescribed is a Sanitary Inspectors Certificate originating in specified institutions. The DHIC is admittedly not one of the specified qualifications for the post12. On a careful analysis, it emerges that none of the conditions stipulated in Rule 10(a)(ii) have been fulfilled. The first situation contemplated by Rule 10(a)(ii) is where qualifications are recognized by executive orders or standing orders of the government as equivalent to a qualification specified for a post. This is not satisfied. With reference to the second situation contemplated in Rule 10(a)(ii) there was no determination by KPSC in accordance with Rule 13(b)(i) of the equivalence of the qualifications. Finally, the last condition contemplated in Rule 10(a)(ii) adverts to those qualifications which pre-suppose the acquisition of a lower qualification prescribed for a post. The expression pre-suppose means subsumed in. All that wefind from the report of the three-member Committee are general observations about the duration of the DHIC being longer, of a similarity of the topics in the syllabi and a comparison between the number of theory and practical sessions. There has been no finding that the acquisition of the DHIC pre-supposes the completion of the certificate course.14. The above extract indicates that the qualification for the promotional post of assistant engineer was a degree in engineering. Consequently, the acquisition of the degree was held to pre-suppose the acquisition of the =lower qualification of the diploma prescribed for the post of sub-engineer. This constitutes a distinguishing factor and hence the decision in Jyoti K K does not apply to the present facts16. The reference to the diploma being an additional qualification is extraneous to Rule 10(a)(ii). The reference to a diploma being acceptable in the Health Department is again an extraneous consideration. Ex facie, it is evident that in coming to the conclusion extracted above, there was no application of mind to the requirements contained in Rule 10(a)(ii). There was no determination of equivalence by any executive order or standing order of the State Government. Nor was there any finding that a DHIC pre-supposes the acquisition of the lower qualification. KPSC has not carried out any exercise as required by the provisions of the rule.