Decided on July 17,1968



- (1.) IN the Kerala Gazette, dated 25 February 1964, a notification, dated 20 February 1964, was published by the Public Service Commission, Kerala, who is respondent 2 in this case, inviting applications from qualified candidates for selection for recruitment for a few appointments in the Public Service. Item X in this notification related to appointment of " Instructor in costume design and cutting. " The qualifications specified were the following : Qualifications- I. Minimum general educational qualification of S. S. L. C. standard. II. (a) Diploma in Dress-making, Designing and Tailoring i'rom the Women's Institute of Domestic Arts and Science, London, or (b) Group Certificate in Tailoring, K. G. T. E. or M. G. T. E. with three years' experience-practical or teaching-in Government or similar organizations or firms of repute. Desirable.-Experience as instructor in costume designing and cutting. Age-limit,-Not above 28 years on 1 July 1964, relaxable by three years in the case of backward classes and five years in the case of scheduled castes and scheduled tribes. Note,-Overaged candidates also may apply for the post, but their cases will be considered for selection only in the absence of qualified candidates within the prescribed age-limit.
(2.) THE probable number of vacancies was mentioned as "one. " It was also stated that vaoancies that may arise within a reasonable period normally not exceeding one year may be filled up from the selection list prepared pursuant to the above notification. The petitioner has far more than the requisite qualifications; but on the relevant date he was 40 years old. He made an application for selection within the date prescribed for the said purpose. Some of the applicants including the petitioner were subjected to a practical test on 13 July 1966; and six of them were interviewed and selected by respondent 2. The list of the persons thus selected was published along with the list of candidates advised for recruitment for other appointments in the Kerala Gazette, dated 9 September 1965, Part I-B, p. 48. The petitioner's name appears as No. 5 in the said list; and Nos. 1 to 4 in that list are respondents 4 to 7, and No. 6 is respondent 8 in this original petition.
(3.) PURSUANT to the notification, dated 20 February 1964, the Public Service Commission received sixteen applications for selection to the post of instructor in costume design and cutting. The qualification possessed by some of the applicants was Diploma in " Costume Design and Dressmaking " issued by the State Department of Technical Education. The Commission wrote to respondent3, the Director of Technical Education, to ascertain whether the above diploma could be treated as equivalent to|the Diploma in "dress-making,design-ing and Tailoring from the Women's Institute of Domestic Arts and Science, London. " Respondent 3 replied saying that the Kerala diploma was more suited for the post than the London diploma. He also referred the matter to the Government; and Government issued an order, Ex. P. 10, dated 1 July 1965, directing that the Kerala diploma is to be recognized as a higher qualification than the K. G. T. E. certificate in Tailoring, Embroidery, Needle-work, and Dress-making for purposes of appointment to posts in the Public Services in the State. Admittedly, respondents 4 to 8 have not got the London diploma, but only the Kerala diploma; and they were selected for appointment on the basis of the said qualification.;

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