IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 31397 of 2008(K) --------------------------------------- PETITIONER: ------------------- J.P.PRASANTH, AGED 34 YEARS, S/O.V.PONNAN, MECHANIC, SREE NARAYANA COLLEGE, ALATHUR. RESIDING AT JEM MANSION, MARATHUR VATTOM P.O., CHERTHALA - 688 545. BY ADV. MR.MILLU DANDAPANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT.SECRETARIAT, TRIVANDRUM - 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAWAN, TRIVANDURM. 3. THE MANAGER, SREE NARAYANA COLLEGE, SREE NARAYANA TRUST, KOLLAM - 691 001. 4. THE PRINCIPAL, SREE NARAYANA COLLEGE, ALATHUR. R1 & R2 BY GOVERNMENT PLEADER MR. K. RAMESH. R3 BY ADV. MR. A.N. RAJAN BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31397/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. E2/4198/2006/COLL. EDN. DTD. 19/01/2006 ISSUED BY R.2. EXT.P.2: COPY OF THE ORDER NO. 2/SNT/2184 DTD. 18/11/2006 ISSUED BY R.3. EXT.P.3: COPY OF THE LETTER DTD. 03/01/2007 ISSUED BY R.4. TO R.2. EXT.P.4: COPY OF THE ORDER DTD. 31/05/2007 ISSUED BY R.2. EXT.P.5: COPY OF THE G.O.(MS).NO.119/04/H EDN. DTD. 17/09/2004 ISSUED BY R.1. EXT.P.6: COPY OF THE APPEAL REPRESENTATION DT.D 15/11/2007 SUBMITTED BY PETITIONER BEFORE R.2. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).NO.16769/2008 OF THIS HONOURABLE COURT. EXT.P.8: COPY OF THE G.O(MS).NO.1444/08/H. EDN. DTD. 25/09/2008. EXT.P.9: COPY OF THE JUDGMENT DTD. 08/01/2008 IN W.P.(C).NO.10583/2007 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31397 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2009. JUDGMENT The question that is raised by the petitioner herein is covered in his favour by the decision of this court in Writ Appeal No.1348/2008 and the judgment of a learned Single Judge of this court in W.P.(C) No.28708/2008. 2. The petitioner was initially appointed as a Peon in the 4th respondent college. He was regularised as such from 28.7.1995. The said appointment was approved by the competent authority. The next promotion is to the post of Mechanic. The qualification prescribed under the Calicut University First Statutes, 1979 for promotion to the post of Mechanic is 8th standard with I.T.I. qualification and in the absence of I.T.I. certificate holders, those with experience as a Mechanic or fitter in a well equipped workshop for a period of three years with 8th standard educational qualifications. The petitioner was promoted as Mechanic as per Ext.P2 order dated 18.11.2006. The Principal thereafter forwarded the same for approval as per Ext.P3. But the approval was refused going by Ext.P4, by the Director of Collegiate Education stating that he does not possess the requisite qualification as per the new pattern. The objection appears to have wpc 31397/2008 2 been taken is in view of Ext.P5 Govt. Order, whereby the Government revised the staff pattern and works norms for non-teaching staff of aided Arts and Science Colleges, etc. Going by the appendix thereto, the qualification prescribed for the post of Mechanic is ITI/Diploma in Mechanical or Electronics trade. 3. The question whether the above qualification fixed as per Ext.P5 will adversely affect the persons like the petitioner, was considered in Ext.P9 judgment. It was held that it being a Government Order, that cannot override the qualification prescribed under a Statute. Therefore, this court directed the appointing authority therein to approve the appointment also. The Division Bench, while confirming Ext.P9 judgment, made it clear that “the post of Mechanic has to be filled up as provided under the Statute and it cannot be kept vacant and nobody else in the supernumerary non-teaching staff can be asked to do the work of the mechanic in view of lack of qualification as a mechanic.” It was also held “that merely because there are supernumerary posts existing - not as a mechanic - this post cannot be kept vacant especially when there is a need in the college as accepted in the staff fixation order made by the appellant.” The view taken that the qualifications prescribed by the Statute will govern, stands affirmed. In that view of the matter, the objection raised regarding approval of appointment of the wpc 31397/2008 3 petitioner cannot be sustained. A learned Single Judge of this court in Writ Petition No.28708/2008, in an identical situation, has issued a similar direction. 4. In the above view of the matter, the petitioner is entitled to succeed in this writ petition. The writ petition is therefore allowed. Ext.P8 is quashed. The second respondent will pass orders granting approval of appointment of the petitioner as Mechanic, with effect from the date of promotion, viz. 24.11.2006. There will be a further direction to disburse the consequential monetary benefits also to the petitioner within a period of two months from the date of receipt of a copy of this judgment. (T.R. Ramachandran Nair, Judge.) kav/