Holder of Syrang’s Licence Cannot Replace Statutory ‘Current Lascar’ Qualification, Supreme Court Holds

A Bench of Justices Dipankar Datta and Manmohan heard an appeal by special leave from a common judgment of the Kerala High Court which had dismissed writ petitions challenging a Kerala Administrative Tribunal order that directed the Public Service Commission to recast a ranked list for recruitment of Boat Lascars. The principal question was whether a candidate holding a Syrang’s licence — a higher competency certificate — but not a “current Lascar’s licence” could be regarded as eligible for direct recruitment to the post of Lascar.

The Court held that statutory prescription of a “current Lascar’s licence” was decisive and could not be diluted by administrative correspondence or by holding a higher licence. The Court affirmed that KPSC could not include candidates who did not possess the prescribed qualification in the ranked list and that the appellant’s selection could not be sustained. The Court, in its reasoning, observed: “As noted in the factual narrative, possession of a current Lascar’s licence is an essential qualification for anyone aspiring for the post of Lascar. This is what is laid down in column (3), i.e., the qualifications required; and going by what is said therein read with Rule 6, there can be no gainsaying that apart from those having a current Lascar’s licence, none else is eligible. The word ‘current’ is also significant in the sense that the Rules insist on a subsisting licence, i.e., a certificate of competency, which is valid and operative during the time the last date for receiving applications intervenes.” The Court also emphasised that “equality of opportunity in matters of public employment [was] a sine qua non for a fair and transparent selection process.”

Background The dispute arose from a KPSC advertisement dated 17 October 2012 inviting direct recruitment to 12 posts of Boat Lascar and prescribing as essential qualifications “Literacy in Malayalam or Tamil or Kannada” and “Possession of Current Lascar’s Licence”. The appellant held a Syrang’s licence valid at the relevant time and applied after a departmental communication — at the instance of some candidates — stated that Syrang, Master and Driver certificates were “more than equivalent to Lascar Certificate”. The appellant secured first place in the ranked list and was advised for appointment and thereafter physically appointed.

Unsuccessful candidates challenged the selection before the Kerala Administrative Tribunal, contending that only holders of a current Lascar’s licence were eligible. The Tribunal allowed the original applications and directed KPSC to recast the ranked list. KPSC issued a show-cause to the appellant and ultimately cancelled the advice; the Director cancelled the appointment. The appellant filed writ petitions in the High Court which were dismissed by a Division Bench on 2 December 2019. He then approached the Supreme Court.

The Supreme Court examined procedural and substantive issues. It observed that the appellant, though arguably a necessary party before the Tribunal, had not been impleaded and had an opportunity to seek recall of the Tribunal’s order; nonetheless the Court addressed merits. Applying Rule 6 of the Special Rules and the Schedule prescribing qualifications, the Court held that statutory qualifications created a distinct class of eligible aspirants and that holders of a higher licence could not be treated as eligible in the absence of an express amendment, corrigendum or wider public notice. The Court distinguished earlier authorities on equivalence of academic degrees and relied on principles protecting the level playing field in public employment; it also declined to invoke Article 142 to cure the illegality. The appeals were dismissed and no costs were awarded.

Case Details: Case No.: 2025 INSC 425 (Civil Appeal arising out of SLP (C) Nos. 7930-7931 of 2020) Case Title: Jomon K.K. v. Shajimon P. & Ors. Appearances: For the Petitioner(s): Mr. P. N. Ravindran, Senior Counsel For the Respondent(s): Mr. Nair, Counsel for Kerala Public Service Commission; Mr. Nishe Rajan Shonker, Counsel for State of Kerala