IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 28708 of 2008(P) -------------------------- PETITIONER: --------------- T.P.MATHUKUTTY, MECHANIC, ST.PETER'S COLLEGE, KOLENCHERY, R/AT.THEKKUMMATTATHIL KARUKAPPILLY PO., KOLENCHERY-682311. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. ST.PETER'S COLLEGE TRUST REP. BY ITS SECRETARY,KOLENCHERRY, ERNAKULAM. 4. PRINCIPAL, ST.PETER'S COLLEGE, KOLENCHERRY, ERNAKULAM. 5. ST.PETER'S COLLEGE, REP. BY ITS PRINCIPAL,KOLENCHERRY, ERNAKULAM. 6. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM. BY SR. GOVERNMENT PLEADER T.B.REMANI FOR R1 & R2 ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28708 of 2008(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE FRONT PAGE OF THE S.S.L.C BOOK OF THE PETITIONER. EXT.P2 : COPY OF THE CERTIFICATE DATED 29.12.2000 ISSUED TO THE PETITIONER EXT.P3 : COPY OF THE PROMOTION ORDER DATED 1.1.2005 EXT.P4 : COPY OF THE LETTER DATED 13.2.2006 EXT.P5 : COPY OF THE LETTER DATED 10.7.2007 EXT.P6 : COPY OF THE ORDER DATED 8.10.1986 EXT.P7 : COPY OF THE G.O DATED 17.9.2004 EXT.P8 : COPY OF THE ORDER DATED 28.1.2006 EXT.P9 : COPY OF THE LETTER DATED 23.8.2007 EXT.P10: COPY OF THE FORWARDING LETTER ISSUED BY THE 4TH RESPONDENT. //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 28708 of 2008-P ------------------------------ Dated this the 2nd day of April, 2009. J U D G M E N T Heard. Sri.Deepu Lal Mohan, the learned counsel appearing for the petitioner, Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 and 2 and Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University. 2. The petitioner was appointed as Last Grade Staff in St.Peter’s College, Kolencherry, on 23.1.1984. That appointment was approved by the Director of Collegiate Education. He was promoted as Laboratory Assistant on 17/11/1995. That was also approved by the Director of Collegiate Education. While the petitioner was thus working as Laboratory Assistant, a vacancy of Mechanic in the Physics Department arose on the retirement of Sri.C.Y.Joseph. In that vacancy the management appointed the petitioner by promotion as Mechanic by Ext.P3 order. 3. The Principal of the college thereafter sent Ext.P3 order along with Ext.P4 letter dated 13.2.2006 to the Director of Collegiate Education, for approval. The Director of Collegiate W.P(C) No. 28708 of 2008-P 2 Education declined to approve the appointment on the ground that the petitioner is not technically qualified since he does not possess ITI qualification or diploma in the relevant field. The Principal of the college was informed the same in Ext.P5 letter dated 10.7.2007. Ext.P5 is under challenge in this writ petition wherein the petitioner seek writ in the nature of mandamus commanding the second respondent to approve his promotion as Mechanic and to pay arrears of salary and allowances applicable to the said post. 4. A counter affidavit has been filed on behalf of the second respondent wherein it is contended relying on Ext.P7 Government order dated 17.9.2004 that as the petitioner does not possess ITI certificate/Diploma in Mechanical or Electronics trade, he is not qualified to be appointed as Mechanic. The Mahatma Gandhi University has in its counter affidavit stated that as per the Statute 44 of Part C of Chapter 45 of the Mahatma Gandhi University Statutes 1997 the qualification prescribed for promotion of Laboratory Assistant to the post of Mechanic is a pass in 8th standard with experience as a Mechanic or Fitter in a well equipped workshop for a period of three years. The University contends that it is the provisions in the Statute that govern the field and not Ext.P7 Government order. W.P(C) No. 28708 of 2008-P 3 4. It is brought to my notice that a learned Single Judge of this Court has in W.P(C) No. 10583 of 2007 to which the Director of Collegiate Education is a party held that when the field is occupied by the statutes framed by the University, the Government order cannot operate. In that case the learned Single Judge held that as the petitioner therein possesses the qualification prescribed in the statutes, the Government order cannot be relied on to deny approval. In the light of the decision of this Court in W.P(C) No.10583 of 2007, I am of the opinion that the stand taken by the Director of Collegiate Education in Ext.P5 and in the counter affidavit cannot be sustained. In the result Ext.P5 is quashed and the second respondent is directed to approve the appointment of the petitioner as Mechanic on promotion, if it is otherwise in order. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a copy of this judgment before the Director of Collegiate Education. Upon approval being granted, the petitioner will also be entitled to payment of salary and allowances at the applicable rates. Sd/- P.N.RAVINDRAN JUDGE //True Copy// W.P(C) No. 28708 of 2008-P 4