Can I take legal action if excluded despite similar qualifications?

Sir, it is about the recent Hon. SC order on Lower Division Clerks (Kerala Water Authority). Hon SC told Kerala PSC to exclude higher qualified candidates who do not possess Data Entry and Office Automation from LBS / IHRD / Similar Govt. Organizations. Hon, SC told PSC to revise the Rank List by excluding Higher Qualification of Data Entry and Office Automation. My Question is as I am included in the rank list with Degree and B.Ed. ICT Paper - 1year ( Where I had studied the same syllabus with practical of LBS Data Entry and Office Automation Course ) if excluded from the revised rank list , Can I opt for any legal measures against it ? I had studied all topics (same) with practical during my B.Ed. course.

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 29 Nov 2024

If you are denied the revised rank list for having the same qualification as in Data Entry and Office Automation through B.Ed. ICT paper, you may challenge the exclusion. Bring a writ petition under Article 226 of the Constitution before the Kerala High Court: You may plead that your qualification is equal to the course prescribed and satisfies the eligibility condition. You may highlight the Hon'ble Mr. Justice. Order by the Supreme Court, not explicitly disqualifying people with equivalent credentials. Attach evidence of your syllabus, practical training, and course content to prove equivalence. Seek relief to reconsider inclusion based on substantive compliance with the requirements.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 29 Nov 2024

You can consider legal measures if excluded from the revised rank list given the recent ruling of the Supreme Court on exclusion of higher qualified candidates without the specific qualifications in Data Entry and Office Automation. Your B.Ed. ICT Paper includes similar syllabi and practicals. This case can be presented as a writ petition, and it is against such exclusion. This is on the basis that education as acquired fulfills the criteria. And it is upon legal advice that your case is further fortified.

Admin
Advocate By LEAD INDIA Answered: 29 Nov 2024

Sir, if the Supreme Court's order is unfavorable and you are excluded from the revised rank list despite meeting the qualifications for the Data Entry and Office Automation course, you may file a Review Petition. This is a legal remedy for cases where there has been an error in the judgment or new facts emerge, though review petitions are typically allowed only in exceptional cases. For further legal assistance contact us on our helpline number.

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