A.Muhamed Mustaque, J.
These three batches of original petitions arise from different
orders of the Tribunal, along with a writ appeal from a judgment of a
Single Bench of this Court. The common issue in all these cases
pertains to the recurring controversy surrounding the acceptance of
qualifications, particularly those which presuppose the acquisition of
a lower qualification prescribed for a post.
O.P. (KAT) Nos. 81/2024 & Con. Cases; 359/2024
& Con. Cases; 140/2023 & Con. Cases; & W.A.No.1614/2022
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2. The dispute gains prominence due to the fact that, in
Kerala, recruitment continues to be governed by Special Rules or
executive orders framed five to six decades ago, while university and
college courses have significantly evolved over time to meet the
demands of the modern job market. Although the Government is
aware of this issue, no steps have been taken either to update the
prescribed qualifications or to modify the general rules under the
Kerala State and Subordinate Services Rules, 1958 (KS&SSR) in a
manner consistent with present-day educational and employment
trends. Another reason for this issue is that the Government
departments can identify the higher qualifications that presuppose
the lower ones, even before issuing the requisition. However, the
Government departments initiating such recruitment seldom
undertake this exercise. Consequently, litigations have flooded the
Courts, creating a state of administrative uncertainty, with the future
of many candidates left hanging in the balance.