6 On 20 February 2017, KPSC filed a reply before the Tribunal stating that the two year DHIC is a higher qualification in the same faculty and that it had accordingly been decided to companysider candidates possessing a DHIC for the post of Junior Health Inspector Grade II by adhering to the provisions of Rule 10 a ii of the Kerala State and Subordinate Services Rules 19584.
On 24 May 2017, the office of the Director of Health Service addressed a companymunication to the Principal Secretary, Local Self Government Institutions Department, Thiruvananthapuram to companysider candidates with a DHIC qualification for the post of Junior Health Inspector in the Municipal Common Service.
Affirming the companyrectness of the judgment of the Kerala Administrative Tribunal dated 20 December 2017, the High Signature Not Verified Court dismissed the writ petition filed by the appellants under Article 227 of the Digitally signed by SANJAY KUMAR Date 2019.08.21 163255 IST Reason Constitution.
The numbere above has some bearing on the outcome of the present case.
2 On 16 August 1972, the Government of Kerala in exercise of its powers under Section 11 of the Kerala Municipal Common Service Rules 1967, specified the method of recruitment and qualifications for posts in the Municipal Common Service.
The Tribunal issued this direction after holding that KPSC had erroneously entertained applications from holders of the DHIC qualification.
On 16 November 2016, KPSC published a list of selected candidates for the district of Kottayam.
Age Not below 18 years and above 30 years.
On 7 July 2017, the Principal Secretary to the Government in the Local Self Government EU Department addressed a SIDC KSSSR companymunication to the Secretary, KPSC stating that, in the view of the State Government, the DHIC qualification can be reckoned to be a higher qualification in companyparison with the qualifications prescribed in the numberification.
The qualifications for the post remained the same.
The Committee submitted a report holding that While the DHIC is a two year companyrse, the duration of the SIDC the certificate prescribed is 52 weeks ii While there are prescribed textbooks for the DHIC, numberrecommended texts exist under the available syllabus for the SIDC iii The topics in both sets of syllabi are almost the same except for some minute differences and iv While the number of theory sessions is greater in the DHIC, the SIDC has more practical sessions.
The Tribunal was subsequently informed of this decision.
Dr Dhananjaya Y Chandrachud, J 1 This batch of appeals arises from a judgment dated 10 December 2018 of a Division Bench of the High Court of Kerala.
Aggrieved by the decision of the Tribunal, the writ jurisdiction of the High Court was invoked by candidates affected.
5 During the pendency of the proceedings before the Tribunal, on 10 January 2017, a three member Committee companyducted a companyparative study of the syllabi of DHIC the DHIC programme and the Sanitary Inspector Diploma Course3.
The DHIC was number one of the qualifications specifically prescribed in the rules or in the advertisement.
Lists companytaining the names of candidates selected for other districts were also published.
3 On 26 December 2014, Kerala Public Service Commission 1 advertised vacancies in nine districts for the post of Junior Health Inspector Grade II in the Municipal Common Service.
Candidates who claimed to be affected by the inclusion of candidates possessing a DHIC qualification filed cases before the Tribunal, challenging the States decision to include persons possessing a DHIC qualification in the shortlists.
The post of Health Inspector / Food Inspector Grade II was among those posts and the qualifications were Minimum general educational of S.S.L.C. Standard.
Moreover, the High Court held that the entire exercise by the companymittee was carried out after the publication of the shortlists by KPSC, and during the pendency of the proceedings before the Tribunal.
The posts were specified in an annexure to the order.
Candidates possessing the qualification of a Diploma in Health Inspectors Course2, a two year companyrse companyducted by the Director of Health Service, were also included in the shortlists.
7 The Tribunal by its judgment dated 20 December 2017 allowed the OAs instituted before it and directed that the shortlist of candidates be recast by excluding candidates in possession of the DHIC qualification.
4 On 29 May 2015, a numberification was published for posts in five additional districts.
On 27 November 2015, a companymon written test was companyducted.
Sanitary Inspectors Certificate of Bombay or Madras or Health Inspectors Certificate of Trivandrum Medical College or Sanitary Inspectors Certificate of the All India Institute of Local Self Government, Bombay or the certificate in Sanitary Inspectors companyrse awarded by the National Council for Rural Higher Education.
