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Supreme Court of India 2019-08-21 dismissed

AJITH K vs ANEESH K.S

Bench: 2 — D.Y. Chandrachud, Indira Banerjee

In Brief

The Supreme Court dismissed appeals challenging the exclusion of candidates with a Diploma in Health Inspectors Course (DHIC) from a recruitment shortlist for the post of Junior Health Inspector in Kerala's Municipal Common Service. Though not explicitly prescribed in the recruitment rules, KPSC had included DHIC-qualified candidates. The Court held that Rule 10(a)(ii) of the recruitment rules permits higher qualifications only if: (1) recognized by executive order as equivalent, (2) formally accepted by the Commission, or (3) the qualification presupposes the lower one. Here, none were satisfied—there was no proper executive order, no formal Commission determination, and no finding that the DHIC presupposes the prescribed Sanitary Inspector's Certificate. The rules were improperly altered mid-litigation. The High Court's decision affirming the Tribunal's direction to exclude such candidates was upheld.

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Constitutional Law - Article 227 Public Service Commission Recruitment and Selection Civil Service Rules Qualifications and Equivalence Administrative Law Procedural Fairness

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