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M N Lokanadham   31 March 2021

Is the action taken by public service commission is valid?

Let us for the post the prescribed qualification are
1. Academic qualification
2. Technical qualification
One of the service rule prescribes that
I. Rule 12(1) (a) (iii) of general rule
“No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the selection authority as well as the appointing authority, that he possesses the academic and other qualifications prescribed for the post”
Here the words used are eligible for appointment
There is difference between eligible for application and eligible for appointment
This rule specifies that qualification criteria (prescribed qualification are required) only and no date criteria in order to get eligible for appointment
This rule doesn't not specifies which qualification on which date the candidate has to possess in order to get eligible for appointment

Another rules prescribes that
Rule 12(3) (a) of general rule
“A candidate should possess the academic qualifications and experience including practical experience prescribed, if any for the post on the date of the notification for direct recruitment issued by the concerned recruiting agency.
This rule prescribes the date criteria for academic and experience only not for any other qualifications prescribed
- If a candidate doesn’t possess the academic qualification and experience on the date of notification he is not eligible for application to the post itself
For our example
I agree that a candidate has to possess both academic and technical qualification to get eligible for appointment
On the date of notification if a candidate possess academic qualification he is eligible for application and not eligible for appointment
Hence the eligible for appointment is determined at later date and not on the date of notification.

Hence a person x who has only academic qualification on the date of notification applied for the post (because he is eligible for application and application also accepted by commission) and
Acquired the technical qualification subsequent to the date of notification and
On the date of certificate verification,he possess academic qualification and technical qualification and produced their certificates also.

Is the person x eligible for appointment?

( The details about the technical qualification is not at all asked in online application form, online certificates upload , checklist form, and In notification also on which date the candidate has to possess the technical qualification are not mentioned, in required qualifications table of notification only which qualification are required are mentioned)
Public service commission rejected the candidates stating that a candidate has to possess both academic and technical qualification on the date of notification and subsequently acquired qualification are not considered.
Is such person is eligible for application?
Is such person is eligible for appointment?
Is the action of Commission is valid?

Thanks and Regards
M N LOKANADHAM


Learning

 3 Replies

P. Venu (Advocate)     01 April 2021

The query is too general to suggest any answer or solution. All that could be suggested is that no law or rule  or norm is a blank cheque to any authority to act arbitrarily or indulge in discrimination; no public authority is to act with an evil mind and uneven hands.  

G.L.N. Prasad (Retired employee.)     01 April 2021

A simple grievance can be filed in online pgrms grievance portal for clarification.  In case of dispute the final verdict can only be delivered by competent courts and opinions rarely count where a remedy is required finally. (Perceptions differ and those affected must seek clarification from that public authority and should have a record of laid down law and attempts to get authentic clarification)

M N Lokanadham   01 April 2021

 

The post is regarding polytechnic lecturer bin commercial practice for this prescribed qualification are 

Mcom(academic)typewriting and shorthand (technical)


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