The Supreme Courtroom has dismissed an attraction difficult the Kerala Public Service Fee’s coverage accepting larger {qualifications} than these prescribed in a notification for the recruitment to the submit 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 Okay 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 submit of Junior Public Well being Nurse Grade II. The submit required an Auxiliary Nurse Midwifery (ANM) certificates. Nonetheless, one candidate named Elizabeth Thomas possessed a Diploma in Normal Nursing and Midwifery (GNM), which is a better 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 courtroom 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 Companies Guidelines, 1958 was emphasised by means of one other Supreme Courtroom precedent because it was famous that the possession of a better qualification can presuppose the acquisition of a decrease qualification prescribed for the submit.
Following these judgments, the KPSC’s Tutorial Committee carried out a comparative evaluation of the syllabi and really useful that the three-year GNM course be handled as larger than the 18-month ANM course. The Fee then issued govt choices granting basic applicability to this precept, extending it to all pending and future recruitments for the submit.
Senior advocate Jaideep Gupta and advocate-on-record Vipin Nair appeared because the counsels for KPSC.
Throughout the proceedings within the apex courtroom, the KPSC’s counsels emphasised that the Fee had acted in compliance with judicial directives and based mostly its determination on skilled educational evaluation.
In addition they highlighted that almost all petitioners within the case had both been appointed beneath the revised standards or had not accomplished the choice course of, thereby leaving no substantive grievance for the courtroom to deal with.
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