IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32661 of 2009(C) -------------------------- PETITIONER: --------------- SAJIMON THOMAS, AGED 40 YEARS, S/O. THOMAS, CHIRAYATH HOUSE, PUTHUVELY P.O., KOTTAYAM DISTRICT, PIN-636 641. BY ADV. MR. SUDHEESH.A. SMT. C.V.BINDU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. R1 & R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN R3 BY MR. ALEXANDER THOMAS, STANDING COUNSEL, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32661 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 16th day of November 2009. JUDGMENT The petitioner is presently working as a Lower Division Clerk in the General Education Department of the Government of Kerala, under the 2nd respondent. He aspires to compete for the post of Divisional Accountant for which Kerala Public Service Commission has invited applications for appointment by transfer. The qualification prescribed for the post are minimum five years service in Kerala government service, out of which minimum one year's service should be in the post of Upper Division Clerk/First Grade Assistant / Upper Division Auditor and pass in Account Test Higher. Petitioner has been working as Lower Division Clerk for almost 8 years now. But because of the peculiar situation existing in the Department of General Education of the Government of Kerala, L.D.Clerks have very little scope for promotion as U.D.Clerks. Therefore, according to the petitioner, the prescription of one year's service in the post of U.D.Clerk as an essential qualification for appointment as Divisional W.P.(C). No. 32661 OF 2009 2 Accountant is arbitrary and discriminatory. Hence the petitioner has filed Ext.P2 representation before the first respondent seeking relaxation in qualification so that the petitioner can also compete for the post of Divisional Accountant. I have heard the Counsel for the petitioner. It is settled law that the Government cannot relax qualifications unless there is a power vested with Government to relax the qualifications. The petitioner has not been able to point out any provision whereby the Government can relax qualifications for appointment to the post of Divisional Accountant. Of course, Rule 39 of the Kerala State and Subordinate Service Rules is available, but that cannot be exercised in favour of one individual. Therefore, the petitioner has not been able to satisfy me that the Government has power to relax qualifications is their case. Therefore, I find no merit in the contentions of the petitioner and hence the writ petition is dismissed. (S. SIRI JAGAN) JUDGE kkms/