IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 16243 of 2010(E) PETITIONER: BAGYALAKSHMY.M.R., CLERICAL ASSISTANT U.G.C.SPECIAL CELL, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: 1. UNIVERSITY OF CALICUT, REP.BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 3. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 16243 OF 2010 E ------------------------------------------------------ Dated this the 13th day of September, 2010 JUDGMENT The petitioner was appointed as Clerical Assistant in the Calicut University on compassionate employment assistance and as per Ext.P1 Memo dated 16.11.2006, she was directed to join for duty within seven days of the receipt of the Memo. The petitioner joined duty on 17.11.2006. Probation of the petitioner was declared on 28.2.2008. The petitioner secured the Degree of Bachelor of Commerce from the University of Calicut in September, 2008. 2. According to the petitioner, she is entitled to get promotion to the post of Assistant Grade II in the light of the provisions of the Calicut University First Ordinance 1978. According to the petitioner, as per the Calicut University First Ordinance 1978, the qualification prescribed for Assistant Grade II is the following: W.P.(C) NO.16243 OF 2010 :: 2 :: 9 Assi- stant Gr.II 4000- 6090 University Degree (for Direct Recruit- ment) Not more than 35 years Vice Chancellor 1. By recruitment on the basis of merit as decided by competitive test and interview inviting applications by advertisement in the press. 2. By promotion. Clerical Assistants with SSLC qualification and five years service in that cadre shall be promoted as Assistant GR. It subject to availability of vacancies and on the basis of ratio of 2:1 between direct recruitment and promotion. 3. Clerical Assistants who have secured a degree be promoted as Assistant Gr.II on declaration of probation in the cadre of Clerical Assistants if vacancy exists. The petitioner submits that she comes under category No.3 and on securing a Degree, she is entitled to get promotion, if vacancy exists and if the other conditions are satisfied. The grievance of the W.P.(C) NO.16243 OF 2010 :: 3 :: petitioner is that bypassing the benefit provided under the Calicut University First Ordinance 1978, the University effects promotions to the post of Assistant Grade II by promoting several non-graduates. 3. A counter affidavit is filed on behalf of respondents 1 to 3. In paragraphs 2 and 3 of the counter affidavit it is stated as follows: “2. The above writ petition is filed by the petitioner seeking the relief of promotion to the cadre of Assistant Gr.II on the ground that she is a graduate holding the post of Clerical Assistant and that her probation has been declared and hence she is eligible for promotion. The petitioner for substantiating her contentions relies on the Ordinance of Non teaching Service. The Ordinance quoted by the petitioner is a pre-existing Ordinance. The Syndicate of the University in its meeting held on 31.12.2008 has resolved to amend the Ordinance in the following manner: W.P.(C) NO.16243 OF 2010 :: 4 :: Existing version in column 7 of the item at Sl.No.9 in the Schedule of Non-teaching services under Ordinance 3 under Chapter XV of the Calicut University First Ordinance 1978 Amendment proposed Amended version to be read as fallows 1 2 3 (3) Clerical Assistants who have secured a degree be promoted as Assistant Grade II on declaration of probation in the cadre of Clerical Assistants if vacancy exists Para '3' be replaced by “Clerical Assistants who possess the prescribed qualifications for direct recruitment to the post of Assistant Grade II i.e. a Degree of Calicut University or equivalent there to and having four years of aggregate service in the Calicut University”. (3) Clerical Assistants who possess the prescribed qualifications for direct recruitment to the post of Assistant Grade II i.e. a Degree of Calicut University or equivalent there to and having four years of aggregate service in the Calicut University. 3. It is submitted that the above amendment to the Ordinance in terms of the statutory provisions has placed before the Senate and the Senate has approved the same. In terms of the Ordinance presently existing a clerical assistant can aspire for promotion to the post only if he possess a Degree of the University and having 4 years of aggregate service in the University. Admittedly the petitioner is not having 4 years service in the University. Hence her claim is not one legally sustainable. In view of the matter the petitioner is not entitled for the reliefs sought for in the writ petition.” W.P.(C) NO.16243 OF 2010 :: 5 :: Admittedly, the petitioner does not have four years of aggregate service in the Calicut University as on today. Therefore, she cannot aspire for being promoted as Assistant Grade II at this juncture. Therefore, the Writ Petition is premature and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/