The Supreme Court Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors [(2019) 2 SCC 404] has held that a higher qualification does not inherently include lower, specific training or technical qualifications.
Higher Degree Not Equals a Lower One
A candidate with higher qualification cannot claim right to apply for posts with lower qualification, unless the relevant statutory recruitment rules permit the inference that higher qualification presupposes the acquisition of lower qualification.
Qualification Prescription: A Matter of Policy
The prescription of qualifications for a post is a matter of recruitment policy. The state as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications.
Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review.
Judicial Precedents: Supreme Court
The Supreme Court judgment referred to State of Punjab v Anita [2015 (2) SCC 170] which had explained the decision in Jyoti K.K. And Ors. vs Kerala Public Service Commission And Others, stating that higher qualifications can be accepted only if specific provision exists in the Rules.
Reference was also made to the SC decision in P M Latha v State of Kerala, [(2003) 3 SCC 541] which rejected the contention that the B.Ed. qualification is a higher qualification than the Trained Teachers Certificate (TTC) and that a B.Ed. candidate should be held to be eligible to compete for the post of a primary school teacher.
N. Shaji & Anr. v. P.S.C & Ors. emphasized that a higher degree must imply the specific lower skills required (e.g., a Diploma in Mechanical Engineering might not mean one has the specific I.T.I. trade skill required).
Kerala High Court Judgments
In Sunil C.K v. The Kerala State Public Service Commission (2008) the Kerala High Court observed that the Public Service Commission must strictly adhere to advertised qualification criteria, ruling that accepting higher qualifications (e.g., degree/diploma) for positions requiring lower qualifications (e.g., ITI certificate) violates special rules and that allowing such deviations constitutes fraud on the public and causes administrative issues.
The Kerala High Court, in Central University Kerala & Anr. v. Joshila J.U [2022], held that possession of higher qualifications by a candidate in a selection process presupposes the acquisition of the lower qualification for the said post.
