IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WA.No. 1463 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21399/2010 Dated 09/07/2010 .................... APPELLANT(S): PETITIONERS ------------------------- 1. JACOB A.J., JUNIOR SUPERINTENDENT, COLLECTORATE, PALAKKAD. 2. K.LEELA, DEPUTY TAHSILDAR, TALUK OFFICE, ALATHUR, PALAKKAD. 3. ANANDAN R., DEPUTY TAHSILDAR (HOUSING), TALUK OFFICE, THIRUVALLA. BY ADV. SRI.JACOB SEBASTIAN SRI.S.SANTHOSH KUMAR (BALARAMAPURAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF LAND REVENUE AND CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER), LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSIONER, REPRESENTED BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 RO R3 BY G.P. SRI. BENNY GARVASIOUS R4 BY SC SRI. ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1463 of 2010 -------------------------------------------- Dated this the 2nd day of September, 2010 JUDGMENT Ramachandran Nair, J. Appellants are Deputy Tahsildars aspiring to become Tahsildars without acquiring qualification, which is pass in Criminal Judicial Test. Appellants raised a contention before the Government that Rule 13A of the General Rules entitles them for exemption. Government turned down the same against which WPC was filed. Appellants bank on Ext.P4 issued by the Public Service Commission wherein they say that being a departmental test it is not a basic qualification for promotion. However, Government Pleader submitted that basic qualification is degree in law for appointment to the post of Tahsildar and the alternate qualification is pass in Criminal Judicial Test. Obviously PSC's view is incorrect and a Division Bench of this Court in the decision reported in KRISHNA KUMAR V. CHATHAL, (2007) 1 K.L.T. 558 also held that no exemption was permissible under Rule 13A of the General WA 1463 of 2010 2 Rules. This is what is upheld by the learned single Judge. We find no merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1463 of 2010 3