The Supreme Courtroom has dismissed an attraction difficult the Kerala Public Service Fee’s policy accepting higher qualifications than these prescribed in a notification for the recruitment to the post of Junior Public Well being Nurse Grade II.
Upholding the concurrent views of the Kerala Excessive Courtroom and Kerala Administrative Tribunal, a bench of Justices J Ok Maheshwari and Sanjay Karol mentioned they’re “not inclined to intrude on this particular depart petition” after listening to the counsels.
The matter pertains to the notification dated December 31, 2012, calling for recruitment to the post of Junior Public Well being Nurse Grade II. The post required an Auxiliary Nurse Midwifery (ANM) certificates. Nonetheless, one candidate named Elizabeth Thomas possessed a Diploma in Basic Nursing and Midwifery (GNM), which is a higher qualification than the ANM certificates.
The Kerala Public Service Fee (KPSC) earlier refused to incorporate her within the shortlist on the bottom of “lack of qualification”.
Within the earlier orders of the excessive court docket and the tribunal, the ruling was in Thomas’s favour as her GNM certification was determined to fulfil the eligibility standards.
In each the orders, the applicability of Rule 10 of the Kerala State And Subordinate Providers Guidelines, 1958 was emphasised by one other Supreme Courtroom precedent because it was famous that the possession of a higher qualification can presuppose the acquisition of a decrease qualification prescribed for the post.
Following these judgments, the KPSC’s Tutorial Committee performed a comparative evaluation of the syllabi and really useful that the three-year GNM course be handled as higher than the 18-month ANM course. The Fee then issued govt selections granting normal applicability to this precept, extending it to all pending and future recruitments for the post.
Senior advocate Jaideep Gupta and advocate-on-record Vipin Nair appeared because the counsels for KPSC.
Through the proceedings within the apex court docket, the KPSC’s counsels emphasised that the Fee had acted in compliance with judicial directives and primarily based its resolution on knowledgeable tutorial evaluation.
In addition they highlighted that the majority petitioners within the case had both been appointed below the revised standards or had not accomplished the choice course of, thereby leaving no substantive grievance for the court docket to deal with.
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