Case: Beena R Vs. The Kerala Public Service Commission

2. The qualification for appointment of Lower Division Typist is prescribed in the Notification, which reads as followsQualifications :1. S.S.L.C. or its equivalent qualification.2. Lower Grade Certificate in KGTE Malayalam Typewriting.3. Lower Grade Certificate in KGTE English Typewriting and Computer Word Processing or its equivalent (G.O.(P) No.17/2005/P&ARD dated 09.05.2005.Note 1 : Those who have passed KGTE Typewriting before January 2002 should produce separate certificate in Computer Word Processing or its equivalent.Certificates in Computer Word Processing issued by Central, State Government Departments/ Agencies/Societies, Universities after successfully completing course of study not less than three months duration are considered as equivalent.Since the appellant herein possessed only a National Trade Certificate, the initial objection was that the same was not the equivalent to the prescribed qualification. That objection was recalled by the Public Service Commission and the appellant was included in the Rank List at Rank No.7. However, an objection was later taken that the Computer Word Processing possessed by the appellant is acquired only after the last date of Notification in 2009.4. In the case of the appellant, what she possessed is not KGTE Typewriting, but the equivalent qualification which has been approved by the Public Service Commission, in which case, what she is required is only to produce a separate certificate in Computer Word Processing. It may be seen that Note 1 says that those who have passed KGTE Typewriting before January, 2002, should produce separate certificate in Computer Word Processing. It is not in dispute that the appellant possesses an equivalent qualification of KGTE (English) Typewriting, but she did not have a separate certificate as far as the Computer Word Processing is concerned. No doubt, it is also a prescribed qualification. However, relaxation has been granted to those who acquired the qualification of KGTE prior to 2002, for producing a certificate regarding Computer Word

Court's reasoning:
5. In that view of the matter, in the peculiar facts of this case, we find it difficult to appreciate the contention, though vehemently advanced by the learned counsel appearing for the Public Service Commission that the Notification required the applicant to possess the Computer Word Processing as well. That possessing read with the expression produce in the background of those candidates who qualified prior to 2002, makes the whole difference.