The Supreme Court has stated that the Kerala Public Service Commission should stop playing with the lives, hopes, and dreams of candidates looking for public jobs.
The Supreme Court noted that a state agency responsible for public service hiring must uphold “a high standard of integrity and openness” and should not present false information to the court. The Court supported the Kerala High Court’s ruling to disqualify candidates with a Diploma in Computer Applications (DCA) or higher qualifications for the Lower Division Clerk (LDC) position in the Kerala Water Authority. Justices Pamidighantam Sri Narasimha and Sanjay Kumar stated, “We firmly place the responsibility for this situation on the KPSC, as its inconsistent positions over time led to this legal issue. A state agency tasked with public service selections must uphold high standards of integrity and transparency, and it should not be vague about its criteria or provide false statements to the Court, which contradict its previous sworn affidavits. We hope the Kerala Public Service Commission learns from this situation and avoids playing with the lives and aspirations of candidates seeking public jobs in the future.”
This case, lasting “over a dozen years,” involved a notification from the Kerala Public Service Commission (KPSC) for the LDC role. The notification required a ‘Certificate in Data Entry and Office Automation’ from specific institutions. Candidates with DCA or higher qualifications challenged this requirement in the High Court, arguing that their qualifications should be treated as equivalent. The High Court ruled that only candidates with the specified qualification were eligible, clarifying that the equivalency in the rules applied solely to recognized institutions, not to other qualifications.
The KPSC included candidates with DCA or higher qualifications in its ranked list, which led those with the specific Data Entry and Office Automation certification to file writ petitions. They asked the KPSC to create a list that included only candidates with the required qualifications. The High Court agreed and ordered the KPSC to revise the list to remove those without the specific qualification. This ruling was supported by the Division Bench. The Supreme Court noted that the KPSC had changed its position over time. Initially, the KPSC stated that DCA was not a valid qualification for the LDC post, but later changed its view without properly investigating whether these higher qualifications offered the necessary skills for the Data Entry and Office Automation certification. The Court stated that having a computer-related diploma or degree did not guarantee the specific experience and skills needed, and it would have been necessary to look at the training hours in data entry and office automation for each qualification to assess eligibility. The Bench criticized the KPSC’s change in position as “whimsical and arbitrary,” emphasizing that such actions could affect the “lives, hopes, and aspirations” of candidates. The Court also noted that Rule 10(a)(ii) of the Kerala State and Subordinate Service Rules, 1958, which allowed for equivalent qualifications, did not apply here, as equivalency was only about recognizing institutions, not alternative certifications.
The Court noted that the KPSC’s inconsistent behavior is mainly to blame for the ongoing legal issues, which affect the lives and dreams of about twelve hundred candidates. Previously, the KPSC firmly stated that DCA was not a valid qualification for the LDC position in the Kerala Water Authority. As a result, the Supreme Court rejected the appeals.
Cause Title: Anoop M. & Ors. v. Gireeshkumar T.M. & Ors. (Neutral Citation: 2024 INSC 828)