IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31647 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. BINOY JOSEPH, AGRICULTURAL ASISTANT, STATE NEED FARM, KARIMANOOR P.O.. 2. BIJU M.P., AGRICULTURAL ASSISTANT, KRISHI BHAVAN, PURAPPUZHA. 3. ELDHO ABRAHAM, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, THIRUMARADI. 4. RAJESH P.K., AGRICULTURAL ASSISTANT, KRISHI BHAVAN, KONNATHADI. 5. RAJESH K.R., AGRICULTURAL ASSISTANT, VELIYANNOOR, KOTTAYAM DIST. BY ADV. SRI.GEORGE SEBASTIAN SRI.EBY P.PAUL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY DEPT. OF AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICLTURE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31647 OF 2009 (A) -------------------------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Petitioners are Agricultural Assistants aspiring promotion to the post of Agricultural Officer. However, in the absence of degree, going by the special rules, they are ineligible. In these circumstances, they have filed Exts.P4 and P5 before the 2nd respondent for relaxation of the qualification. 2. As conceded by the petitioner, going by the rules, as it stands, degree is an essential qualification. Therefore the petitioners are ineligible. 3. Prescribing the eligibility criteria for promotion to the higher posts is a matter for the appointing authority to do. Therefore, it is for the appointment authority to consider the claim of the petitioners for relaxation of the qualification. Now that Exts.P4 and P5 are pending before the 2nd respondent, it is for the 2nd respondent to consider the said representations as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. WPC.No.31647 /09 :2 : Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/