Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Kerala PSC
6. Petitioner possesses SSLC and 5 years experience in blacksmithy. Petitioner has also attained
more than 18 years of age. But he has to show that he has practical knowledge in smithy and allied
trades for a period of 5 years. Note attached to the qualification is relevant which says that the
experience certificate should be produced from a registered small scale industries or any factory
registered under the Factories Act or a workshop. Note further says that experience acquired after
the date of registration of the institution will alone be considered. The SSI Unit from which the
petitioner had acquired experience was registered on 27.1.1994. The certificate of experience dated
12.10.2004 was issued from that SSI Unit stating that the petitioner had gained experience as Blacksmith
from 1 st February 1994 to 20 th April 1999. Major portion of experience gained by the petitioner was
prior to the attainment of 18 years of age since his date of birth being 3.4.1978. Question raised is
whether the experience gained by him prior to attainment of 18 years of age could be counted as
experience, so as to satisfy the requirement of the notification as well as clause 21 of general conditions
and rule 10(ab) of Part II of KS & SSR. Clause 6 of the notification prescribes the age limit which
says that a candidate should have completed 18 years of age as on 1.1.1999 and shall not be beyond
35 years on that date. We may also refer to general condition No.21 which reads as follows:
“Unless other wise specified, the experience prescribed as qualification for any post in
para 1 of this notification shall be one gained by the candidate holding temporary or
regular appointments in Central or State Government service or in Public Sector
Undertaking or Registered Private Sector Undertaking after acquiring the basic
qualifications prescribed for the post.”
Clause 21 shows that the experience prescribed should be acquired after the acquisition of basic
qualification for the post. Rule 10(ab) of Part II of KS & SSR also says that where the Special Rules
of Recruitment Rules for a post in any service prescribe qualification of experience, it shall, unless
otherwise specified, be one gained by persons on temporary or regular appointment in capacities
other than paid or unpaid apprentices, trainees and Casual Labourers in Central or State Government
service or in Public Sector Undertaking or Registered Private Sector Undertaking, after acquiring the
basic qualification prescribed for the post provided that the experience gained as factory workers on
daily wages of a permanent nature may be accepted if the service is continuous and not of a casual
nature.
7. Qualification mentioned in clause 21 as well as rule 10(ab) of Part II of KS & SSR is the basic
qualification though the age is also a qualifying factor. Age may be a qualifying factor, but not a
“qualification of experience” under Rule 10(ab). Age is a separate eligibility criterion every applicant
has to satisfy. Since we have found that the age will not fall within the expression “qualification of
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