IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 13651 of 2005(A) PETITIONER: M.P.RESHMA BHAI, LADY VILLAGE EXTENSION OFFICER, RURAL DEVELOPMENT BLOCK, BLOCK OFFICE, KODUNGALLOR, THRISSUR DIST. BY ADV. MR.K.C.ELDHO RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. RURAL DEVELOPMENT COMMISSIONER, OFFICE OF THE RURAL DEVELOPMENT COMMISSIONER, L.M.S. COMPOUND, THIRUVANANTHAPURAM. 3. K.S. CHACKO, VILLAGE EXTENSION OFFICER GRADE I, BLOCK DEVELOPMENT OFFICE, PAMBAKUDA, ERNAKULAM. 4. R.RAGHAVAN, VILLAGE EXTENSION OFFICER GRADE I, BLOCK DEVELOPMENT OFFICE, NILESWARAM, KASARAGOD. ADV. MR.M.V.AMARESAN FOR R4 MR.V.N.RAMESAN NAMBISAN FOR R4 MR.KOSHY GEORGE FOR R3 MS. SMITHA SREEKUMAR, GOVERNMENT PLEADER FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 13651/2005 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT INVITING APPLICATION TO THE POST OF JUNIOR LECTURER (SOCIAL EDUCATION) DATED 18.06.2000. EXT. P2: TRUE COPY OF THE ORDER DATED 28.09.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.12.2004. EXT.P4: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 1237/05 DATED 12.01.2005. EXT.P5: TRUE COPY OF THE ORDER DATED 29.03.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE DEGREE CERTIFICATE IN SOCIOLOGY ISSUED TO THE PETITIONER. EXT.P7: TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY MG UNIVERSITY DATED 23.2.1988. EXT.P8: A TRUE COPY OF THE ORDER GO(P) NO. 302/PD 1967 SPECIFYING THE QUALIFICATION AND METHOD OF APPOINTMENT TO THE IMPUGNED POST. EXT.P9: A TRUE COPY OF THE NOTIFICATION DATED 24.6.2003 PUBLISHED BY THE RURAL DEVELOPMENT COMMISSIONER, THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:- EXT. R4(a): TRUE COPY OF THE DEGREE CERTIFICATE EXT.R4(b): TRUE COPY OF THE MSW DEGREE CERTIFICATE EXT.R4(c): TRUE COPY OF THE UNIVERSITY EDUCATION CERTIFICATE REG. NO. 533165 DATED 17.6.73. W.P.(C) No. 13651/2005 : 3 : EXT.R4(d): TRUE COPY OF THE FIRST YEAR MARKS CARD OF BA FROM MYSORE UNIVERSITY WITH REG. NO. 75537 DATED 6.7.74. EXT.R4(e): TRUE COPY OF THE 3RD YEAR OF BA MARKS CARD WITH REG. NO. 45770 DATED 11.7.75. EXT.R4(f): TRUE COPY OF THE 3RD YEAR OF BA MARKS CARD WITH REG. NO. 76121 DATED 15.6.76. EXT.R4(g): TRUE COPY OF THE CERTIFICATE OF MASTER DEGREE OF SOCIAL SCIENCE WITH REG. NO. 788 DATED NIL. EXT.R3(a): A TRUE PHOTOSTAT COPY OF THE MARK-LIST AWARDED THE DEGREE OF B.COM. DATED 29.08.1980. EXT.R3(b): A TRUE PHOTOSTAT COPY OF THE MARK-LIST OBTAINED M.A. DEGREE IN SOCIOLOGY. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13651 OF 2005 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT A very appalling situation arises in this case because of the abject negligence on the part of the Government to prescribe appropriate rules for selection and appointment to the post of Junior Lecturer in Social Education in the Rural Development Department. The Commissioner of Rural Development, by Ext.P1, invited applications for filling up the post of Junior Lecturers in Rural Engineering, Home Science, Social Education and Agriculture from among Extension Officers for Women Welfare/Lady Village Extension Officers/Village Extension Officers possessing the qualification of degree in the concerned subject recognised by the Government and five years' service in the feeder category. Pursuant thereto, the petitioner and respondents 3 and 4 applied. By Ext.P2, respondents 3 and 4 were selected whereas the petitioner was not. The petitioner's representation in this regard was rejected by Ext.P5 order of the Commissioner. The petitioner is challenging Exts.P2 and P5 W.P.(c)No.13651/05 2 orders. 2. According to the petitioner, the 3rd respondent is not qualified for the post whereas the petitioner is and therefore, respondents 1 and 2 could not have selected the 3rd respondent in preference to the petitioner. The contention is that the 3rd respondent possess only Post graduate degree in Sociology and not a degree in Sociology. 3. According to the 3rd respondent, the prescribed qualification is only degree in the concerned subject. It does not specifically state graduate degree and therefore, master's degree being a degree, would be sufficient qualification. For this proposition learned counsel relies on the decision of the Supreme Court in Jyoti K.K. & Others V. Kerala Public Service Commission & Others [JT 2002 (Suppl.1) SC 85]. 4. A counter affidavit has been filed by the 2nd respondent. The contention raised by the 2nd respondent is that respondents 3 and 4 have long periods of service than the petitioner with the prescribed qualification and therefore, respondents 3 and 4 were rightly preferred to the petitioner. W.P.(c)No.13651/05 3 5. I have considered the rival contentions in detail. 6. At the outset I wanted to know the rules governing the recruitment to the post of Junior Lecturers in Social Education. The petitioner would rely on Ext.P8 special rules applicable to the Kerala General Subordinate Service in the Community Development Department. Admittedly, the recruitment by Ext.P1 is in the Rural Development Department and not in the Community Development Department. In fact this writ petition came up for hearing before another learned Single Judge of this Court earlier, who also wanted to know which are the rules applicable for such selection. An order dated 3.4.2007 was passed to the following effect: “The learned Govt. Pleader will place on record the relevant recruitment Rule or executive order that governs the recruitment of Junior Lecturers in Social Education in the E.T.Cs. Since the qualification for being considered for appointment by transfer has to be appropriately understood to resolve the case in hand because all the competing candidates have either degree or post graduate degree only in Sociology and not in Social Education for which subject the petitioners and respondents 3 and 4 were considered for appointment as Lecturer”. W.P.(c)No.13651/05 4 Even after two years, the Government Pleader is not able to tell this Court as to which are the recruitment rules applicable to the post. Neither any special rules nor any executive order prescribing the qualifications and method of appointment has been placed before me. As such, neither the petitioner nor the respondents have been able to satisfy me that the qualifications prescribed by Ext.P1 and the method of recruitment are valid in law. Ext.P1 is not even by the Government, but only by the Commissioner of Rural Development Commission. Even assuming that a Government Order or Circular can govern the issue in the absence of special rules that should come from the Government and not from the Rural Development Commissioner. As it stands now there is no special rules or Government Order or Circular issued by the Government supporting the qualifications prescribed by Ext.P1 by the Commission. 7. In the above circumstances, I must assume that the Commissioner has on his own prescribed the qualifications in Ext.P1, which cannot be permitted by any stretch of imagination. If permitted, that would result in a anarchy as W.P.(c)No.13651/05 5 the Rural Development Commissioner would be able to fix the qualifications at his own whims and fancies. 8. I am of opinion that no post in the Government service can be filled up except after appropriate qualifications and method of appointment are prescribed by the Government for filling up that post by issuing appropriate special rules, executive orders or circulars by which the Government themselves fixes the qualifications and method of appointment applicable to the post. As presently advised, no such rules, order or circulars exist in the case of Junior Lecturer (Social Education). Further, admittedly, the qualifications possessed by the petitioner and respondents 3 and 4 are only degree in Sociology. This Court not being expert on the subject, cannot with any amount of certainty hold that degree in Sociology is equivalent to degree in Social Education. As such, I am of opinion that Exts.P1 and P2 are clearly unsustainable. Accordingly, both Exts.P1 and P2 are quashed to the extent it relates to the post of Junior Lecturer (Social Education). The Government shall, immediately, either by framing special rules or issuing executive orders, prescribe the W.P.(c)No.13651/05 6 qualifications for Junior Lecturers in Social Education in the Rural Development Department by fixing the method of appointment, qualifications required and feeder category. Thereafter fresh selection in accordance with those rules/executive orders/circulars shall be conducted. The above exercise shall be completed as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. Till then, in the interest of students, respondents 3 and 4 shall be allowed to continue as at presently for a period of four months. After four months whether fresh selection is conducted or not respondents 3 and 4 shall not be allowed to continue. However, they would not be entitled to any preference in appointment on the ground that they have continued in the post by virtue of Ext.P2 and this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13651/05 7