BEENA R.versusKERALA PUBLIC SERVICE COMMISSION & ORS.

                            [2017] 6 S.C.R. 510



A                                  BEENA R.
                                          v.
          KERALA PUBLIC SERVICE COMMISSION & ORS.
                   (Civil Appeal Nos. 9843-9844 of 2017)
B                                 JULY 28, 2017
            [KURIAN JOSEPH AND R. BANUMATHI, JJ.)
             Service Law - Appointment - Of lower division typist -
    Qualification inclutit:d lower grade certificate in KGTE Typewriting
    and computer word processing - Objection taken against the
c   appellant that the qualification 'computer word processing' was
    acquired after the last date of notification - Held: Note I of
    qualification lays down that those who have passed KGTE
    Typewriting before January, 2002, should 'produce' separate
    certificate for computer word processing - Word 'produce' is used
D   only at the time of verification of the recordY or at the time of written
    examination or at the time ofappointment -Appellant had 'produced'
    the certificate prior to the written examination - Therefore, appellant
    to be appointed in accordance with her position in the rank list.
          CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 9843-
E   9844of2017.
            From the Judgment and Order dated 03.12.2014 in 0. P. (KAT)
    No. 117 of2014 and Order dated 09.02.2015 in R. P. No. I 0 of2015 of
    the High Court of Kerala at Emakulam.
            Abhilash M. R., Ranjan Kumar, Advs. for the Appellant.
F
           Vipin Nair, P. B. Suresh, Abhay Pratap Singh, Advs. for the
    Respondents.
            The Judgment of the Court was delivered by
            KURIAN, J. I. Leave granted.
G
            2. The qualification for appointment of Lower Division Typist is
    prescribed in the Notification, which reads as follows :-
           "7. Qualifications :
           1. S.S.L.C. or its equivalent qualification.
H
                                    510
    BEENA R. v. KERALA PUBLIC SERVICE COMMISSION                               511
                      [KURIAN, J.]

      2. Lower Grade Certificate in KGTE Malayalam Typewriting.                A
      3. Lower Grade Certificate in KGTE English Typewriting and
      Computer Word Processing or its equivalent (GO.(P) No.171
      2005/P&ARD dated 09.05.2005.
      Note 1 : Those who have passed KGTE Typewriting before
      January 2002 should produce separate certificate in                      B
      Computer Word Processing or its equivalent.
      Certificates in Computer Word Processing issued by Central,
      State Government Departments/ Agencies/ Societies,
      Universities after successfully completing course of study not
      less than three months duration are considered as equivalent. "          C
         3. Since the appellant herein possessed only a National Trade
Certificate, the initial objection was that the same was not the equivalent
to the prescribed qualification. That objection was recalled by the Public
Service Commission and the appellant was included in the Rank List at
Rank No.7. However, an objection was later taken that the Computer             D
Word Processing possessed by the appellant is acquired only after the
last date ofNotification in 2009.
         4. In the case of the appellant, what she possessed is not KGTE
Typewriting, but the equivalent qualification which has been approved
by the Public Service Commission, in which case, what she is required is       E
only to produce a separate certificate in Computer Word Processing. It
may be seen that Note 1 says that those who have passed KGTE
Typewriting before January, 2002, should produce separate certificate
in Computer Word Processing. It is not in dispute that the appellant
possesses an equivalent qualification ofKGTE (English) Typewriting,
                                                                               F
but she did not have a separate certificate as far as the Computer Word
Processing is concerned. No doubt, it is also a prescribed qualification.
However, relaxation has been granted to those who acquired the
qualification ofKGTE prior to 2002, for producing a certificate regarding
Computer Word Processing. Once the word 'produce' is used, it can
only be at the time of either verification of the records or at the time of    G
written examination or at the time of appointment. In the case of the
appellant, she had produced the certificate prior to the written examination
and on the basis of her marks obtained, she has been assigned Rank No.
7 in the Rank List. Unfortunately, this crucial distinction has not been
noted in the correct perspective by the High Court. There is also a            H
512            SUPREME COURT REPORTS                           [2017] 6 S.C.R.


.A    background for this Note. Prior to 2002, Computer Word Processing
      was not otherwise part of the curriculum ofKGTE, it was introduced
      subsequently. That was the reason, the Note was introduced. Those
      who possessed the qualification prior to 2002 should additionally have
      the Computer Word Processing and they should also produce a separate
      certificate. in that regard.
B
               5. In that view of the matter, in the peculiar facts of this case,
      we find it difficult to appreciate the contention, though vehemently
      advanced by the learned counsel appearing for the Public Service
      Commission that the Notification required the applicant to possess the
      Computer Word Processing as well. That possessing read with the
c     expression 'produce' in the background of those candidates who qualified
      prior to 2002, makes the whole difference. In that view of the matter,
      the appeals are allowed. The Judgment of the High Court is set aside.
      The appellant shall be appointed in accordance with her position in the
      Rank List. This should be done within three months from the date of
.D    receipt of a copy of this Judgment. In the event of any unlikely delay,
      the appellant shall be deemed to be in actual service from 01.11.2017.
              There shall be no order as to costs.


      Ankit Gyan                                                  Appeals allowed.