3 months ago
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The Supreme Court has dismissed an entreaty challenging the Kerala Public Service Commission’s argumentation accepting higher qualifications than those prescribed successful a notification for the recruitment to the station of Junior Public Health Nurse Grade II.
Upholding the concurrent views of the Kerala High Court and Kerala Administrative Tribunal, a Bench of Justices J.K. Maheshwari and Sanjay Karol said connected Monday they are “not inclined to interfere successful this peculiar permission petition” aft proceeding the counsels.
The substance relates to the notification dated December 31, 2012, calling for recruitment to the station of Junior Public Health Nurse Grade II. The station required an Auxiliary Nurse Midwifery (ANM) certificate. However, 1 campaigner named Elizabeth Thomas possessed a Diploma successful General Nursing and Midwifery (GNM), which is simply a higher qualification than the ANM certificate.
The Kerala Public Service Commission (PSC) earlier refused to see her successful the shortlist connected the crushed of “lack of qualification.”
In the earlier orders of the High Court and the tribunal, the ruling was successful Ms. Thomas’ favour arsenic her GNM certification was decided to fulfil the eligibility criteria.
In some the orders, the applicability of Rule 10 of the Kerala State And Subordinate Services Rules, 1958 was emphasised done different Supreme Court precedent arsenic it was noted that the possession of a higher qualification tin presuppose the acquisition of a little qualification prescribed for the post.
Following these judgments, the PSC’s Academic Committee conducted a comparative investigation of the syllabi and recommended that the three-year GNM people beryllium treated arsenic higher than the 18-month ANM course. The committee past issued enforcement decisions granting wide applicability to this principle, extending it to each pending and aboriginal recruitments for the post.
Senior advocator Jaideep Gupta and advocate-on-record Vipin Nair appeared arsenic the counsels for the PSC.
During the proceedings successful the apex court, the PSC’s counsels emphasised that the committee had acted successful compliance with judicial directives and based its determination connected adept world review. They besides highlighted that astir petitioners successful the lawsuit had either been appointed nether the revised criteria oregon had not completed the enactment process, thereby leaving nary substantive grievance for the tribunal to address.
