Writ petition challenging the University's failure to report Farm Assistant (Grade II) vacancies to the Kerala Public Service Commission. The court found the qualification amendment was issued without consulting KPSC and was declared illegal by Government, and declined relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6THDAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 33081 OF 2023
PETITIONER :-
ABIN JOHN, AGED 30 YEARS
S/O JOHNY, KALLUNGAL HOUSE, NEDUNGAPRA.P.O.,
ERNAKULAM DISTRICT,, PIN – 683545
BY ADVS.
R.T.PRADEEP
P.BIJIMON
M.BINDUDAS
RESPONDENTS :-
1 SECRETARY
ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN – 695001
2KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, OFFICE OF KERALA PUBLIC
SERVICE COMMISSION, M.G. ROAD, PATTOM JUNCTION,
THIRUVANANTHAPURAM, PIN – 695004
3 KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY REPRESENTED BY ITS REGISTRAR, POOKODE, LEKKADI.P.O., WYNAD, PIN – 673576
BY ADV Manu Govind
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33081 OF 2023
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JUDGMENT
This writ petition is filed challenging the decision of the 3rd respondent – University in not reporting the vacancies of Farm Assistant (Grade II) to the Kerala Public Service Commission for the purpose of selection of appointment. The petitioner submits that he has got a Trade Certificate issued by the State Board of Vocational Higher Secondary Examination, Ext.P1 and also a Diploma in Laboratory Techniques as seen from Ext.P2. The qualification for the post of Farm Assistant (Grade II) for direct recruitment reads as follows :-
(i) Pass in Plus II or its equivalent and having good physique
(ii) Diploma in Live Stock Management from any recognized institution approved by the Government.
(iii) Diploma in Poultry production/Dairy Science/Laboratory Techniques.
adding ‘or’ between qualification numbers 2 and 3 to make it appear that
one Diploma will be sufficient. The University contends that the said amendment was made without referring the same to the Public Service Commission. The University has also produced Ext.R3(a), by which the
WP(C) NO. 33081 OF 2023
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Government intimated the University that Ext.P4 executive order was issued without consulting the Public Service Commission and the same, therefore, was illegal. It was also clarified by the decision of the Managing Committee of the University, taken in the meeting held on 09.01.2024, not to report the vacancies to the KPSC till the steps before the Government and Public Service Commission are complete. In view of the above, none of the prayers sought for by the petitioner can be granted. Even if the University proposes an amendment, till the same is carried out, the qualifications in the first statute of the University, as regards the Farm Assistant Grade II, shall be followed. It will be open to the University to decide to fill the vacant posts when the need arises for the same.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
SMA
WP(C) NO. 33081 OF 2023
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APPENDIX OF WP(C) 33081/2023
PETITIONER EXHIBITS :-
Exhibit P1TRUE COPY OF TRADE CERTIFICATE NO. VE
11180 DATED 20.5.2011 BY STATE BOARD OF
VOCATIONAL HIGHER SECONDARY EXAMINATION
ISSUED TO PETITIONER
Exhibit P2TRUE COPY OF DIPLOMA CERTIFICATE DATED
28.1.2013 BY 3RD RESPONDENT ISSUED TO
PETITIONER
Exhibit P3TRUE COPY OF G.O. NO.29/2022/A.H.D. DATED
01.11.2022 BY ANIMAL HUSBANDRY DEPARTMENT
BY RE-FIXING THE CADRE STRENGTH OF FARM
ASSISTANT GRADE II AS 65
Exhibit P4TRUE COPY OF G.O. (MS) NO.11/2023/A.H.D.
DATED 18.4.2023 PRESCRIBING THE METHOD OF
APPOINTMENT, PAY SCALE, QUALIFICATIONS,
AGE LIMIT AND APPOINTMENT AUTHORITY TO THE
POST OF FARM ASSISTANT GRADE II
Exhibit P5TRUECOPYOFREPLY
NO.IDS-11(4)/2058/2023/GW DATED 1.6.2023
WITH RESPECT TO THE NON-REPORTING OF
VACANCIES BY 3RD RESPONDENT TO P.S.C.
Exhibit P6TRUE COPY OF G.O. (MS) NO.13/2021/PAD
DATED 18.6.2021 BY GOVERNMENT OF KERALA
Exhibit-P7True copy of letter No.K.P.A.S.U.
G.A./A3/15013/2018 dated 12.7.2023 from
3rd respondent to 2nd respondent
WP(C) NO. 33081 OF 2023
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RESPONDENT EXHIBITS :-
Exhibit R3ATrue copy of letter no. AF2/129/2023 - AH
dated 04.11.2023 from the 1st respondent
1 issue framed by the court
Whether the University must report Farm Assistant (Grade II) vacancies to the KPSC despite a Government order varying prescribed qualifications without KPSC consultation.
Abin John
Secretary, Animal Husbandry Department
Kerala Public Service Commission
Kerala Veterinary & Animal Sciences University
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court