Petitioners sought to quash promotions granted to respondents alleging lack of qualification under mandatory Attender's Test. Court dismissed the writ petition noting statutory provisions provided exemptions and petitioners failed to challenge the relevant rule.
Petitioners' prayer to intercept promotion of respondents is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 25TH DAY OF SEPTEMBER 2012/3RD ASWINA 1934
WP(C).No. 9571 of 2010 (V)
PETITIONER(S):
1. R.NALINAKSHAN PILLAI, LAST GRADE STAFF, GRADE-111(HIGHER GRADE), D.B.COLLEGE,SASTHAMKOTTA SASTHAMKOTTA,KOLLAM.
2. MANOJ.K.R, LAST GRADE STAFF, GRADE-111 (HIGHER GRADE), D.B.PAMPA COLLEGE, PARUMALA MANNAR, PATHANAMTHITTA.
BY ADVS.SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR
RESPONDENT(S):
1. THE STATE OF KERALA, REP.BY THE SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT THIRUVANANTHAPURAM.
2. THE DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.
4. THE SECRETARY, TRAVANCOE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM.
5. SRI.SETHUKUMARAN NAIR, SPECIMEN COLLECTOR D.B.COLLEGE, SASTHAMCOTTAH.
6. SRI.MANDANA PILLAI, LAST GRADE STAFF, D.B.COLLEGE, SASTHAMCOTTAH.
DCS
WP(C).No. 9571 of 2010 (V)
7. SMT.J.BABY, LAST GRADE STAFF, D.B.PAMPA COLLEGE, PARUMALA.
8. THE REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM.
R1BY GOVERNMENT PLEADER SMT. M.J. RAJASREE R4 BY ADVS. SRI.K.N.VENUGOPALA PANICKER, SC, TDB SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD R8 BY ADVS. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY. SRI.GEORGE POONTHOTTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 9571 of 2010 (V)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXHIBIT P1: COPY OF THE CIRCULAR NO. E3/474241/07 DATED 29.11.2007 EXHIBIT P2: COPY OF THE PROCEEDINGS OF 4TH RESPONDENT DATED 29.11.2007
RESPONDENTS' EXHIBIT :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P.R.RAMACHANDRA MENON, J
W.P.(C) NO. 9571 of 2010(V)
Dated this the 25th day of September, 2012
JUDGMENT
The petitioners who are working as Last Grade Servants under the 4th respondent's college at Shasthamkotta ad Parumala respectively, have approached this Court challenging Ext. P5 order dated 22.02.2010 whereby promotions have been given to different persons including respondents 5 to 7. The case of the petitioners is that they entered the service on 20.04.1994 and 22.07.1996 respectively and passed the Attender's Test which is a mandatory requirement to be promoted as 'Lab Assistant/Library Assistant' (which is now re-named as 'Attenders'). It is contended that the persons promoted, (respondents 5 to 7), have not qualified the Attender's test and as such, the promotion given to said respondents is sought to be intercepted in this writ petition.
W.P.(C) NO. 9571 of 2010(V) 2
Chapter 3 of Kerala University (conditions of Service of Teachers and Members of Non-Teaching Staff) First Statues, 1979, which prescribes the qualification for the post of Laboratory Assistant/Library Assistant. It reads as follows.
“For appointment by transfer from members of Last Grade Staff and Specimen Collectors employed in the Private College/Colleges.
Provided that the Last Grade Staff who possess the qualifications mentioned above excepting pass in Attender's Test and who were either in service on 31.03.1971 or who are in regular permanent service will be eligible for appointment in the order of seniority as Laboratory Assistants/Library Assistants. Their continuance as Laboratory Assistants/Library Assistants shall however be subject to their passing in one of the five consecutive Attender's Test conducted by the Kerala Public Service Commission for the last grade staff of the private colleges. Such of those who remain unqualified in the Attender's Test even after five consecutive chances shall be reverted to their original posts and those who entered in service prior to 01.09.1972 shall be exempted from passing the Attender's Test: Provided further that those who have been appointed as Attenders before 16.01.1975 by direct recruitment by the Educational Agencies concerned for want of qualified hands for promotion from among the last grade servants shall continue as such subject to the condition that they pass the Eligibility Test which the Kerala Public Service Commission may conduct in accordance with such orders as the Government may issue.”
3. The learned Standing Counsel for the respondent
Board submits that the statutory prescription is very categoric,
that the proviso there under clearly grants 'exemption' to an
W.P.(C) NO. 9571 of 2010(V) 3
extent of '5 enabling chances' for the persons who have not passed the Attender's Test, to acquire the said qualification. There is no challenge with regard to the above Rule and in the absence of any challenge against the statutory provision, the prayer sought for by the petitioners is not liable to be entertained, submits by the learned counsel.
After hearing both the sides, this Court finds that there is considerable force in the submission made by the respondents. There is no challenge against the relevant provision of law; which on the other hand has been referred to the petitioners themselves in Para 4 of the writ petition as well. It appears that the petitioners lost sight of the 'proviso' to Rule 41(12). In the said circumstances, no interference is warranted. The writ petition fails and the same is dismissed.
SD/-
P.R.RAMACHANDRA MENON,
DCS
1 issue framed by the court
Whether the promotion of respondents who failed the mandatory Attender's Test should be quashed despite statutory provisions granting conditional eligibility or exemption.
R. Nalinakshan Pillai and Manoj. K. R.
State of Kerala
Secretary, Department of Higher Education
Director, Collegiate Education
Deputy Director, Collegiate Education
Secretary, Travancore Devaswom Board
P. R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
