NDLI: Kerala Public Service Commission Vs. K.n. Radhamani & Ors. Etc.etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Cooperative Societies Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Cooperative Societies Act, 1969 – ss. 80(3) and 109 – Kerala Cooperative Societies Rules, 1969 – rr.186 and 187 – Qualification criteria for appointment for the posts of clerk/cashier in different cooperative banks from in-service category – Employment notifications 1999 and 2006 for the posts of clerk/ cashier in different cooperative banks – Whether an applicant from in-service category for the said posts, which carry starting pay beyond Rs.250/- per month, was required to have minimum educational qualification of graduation or not – Contention of in- service candidates that for them SSLC or equivalent qualification would be sufficient which essentially means school clearance certificate – The KPSC had taken the stand that since the starting pay to the subject-posts was beyond Rs.250/-, they ought to have cleared graduation – This stand of KPSC was sustained in the case of Valsala Devi v. Leela Bhai by the Kerala High Court – Appeal by the unsuccessful candidates was dismissed by the Coordinate Bench of the Supreme Court – However, matter referred to the Full Bench of the High Court from an another matter upheld the contention of the in-service candidates (who were not graduates) to be considered for recruitment to the posts of clerk/cashier – On appeal, held: The decision of the Full Bench was not brought to the notice of the Coordinate Bench of the Supreme Court, when the appeal in the case of Valsala Devi was dismissed – The case of Vasala Devi was in relation to promotion whereas in the instant case, the vacancies are to be filled by direct recruitment – The in-service candidates primarily had relied on regulations (GOs) dated 15.06.1982, 30.09.1986 and 23.03.1988 before the Full Bench of the High Court – The impact of these GOs was not brought before the Coordinate Bench of the Supreme Court – Decision of the Coordinate Bench of the Supreme Court would not constitute a binding precedent so far as the present set of proceedings are concerned – According to KPSC, the source of power of making these regulations (GOs) was s. 80 of the Act – The GO of 1988 establishes that the State Government had intended to keep in abeyance the benchmark pay provision as specified in Rule 186 – For determining the educational qualification of the in-service candidates the State Government has proceeded by issuing various GOs without the benchmark pay stipulation for recruitment to the posts of clerk/cashier from in- service category and made SSLC qualification to be acceptable eligibility criteria – This practice developed under 1969 Act is indicative of the fact that for in-service candidates applying for direct recruitment to the posts of clerk/cashier in District co-operative Banks, the minimum eligibility criteria so far as eligibility is concerned is SSLC or equivalent and floor-level pay stipulation would not apply – If an advertisement is made providing for eligibility criteria different from that statutorily prescribed, it would be open to the candidates to challenge the legality of such eligibility criteria – It was not permissible on the part of KPSC to prescribe qualification as minimum eligibility criteria which is beyond that prescribed by the statute.
Judge	Hon'ble Mr. Justice Aniruddha Bose
Neutral Citation	2021 INSC 446
Petitioner	Kerala Public Service Commission
Respondent	K.n. Radhamani & Ors. Etc.etc.
SCR	[2021] 5 S.C.R. 961
Judgement Date	2021-09-06
Case Number	1802

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