IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WA.No. 888 of 2005() -------------------- AGAINST THE JUDGEMENT IN OP.29030/2002 .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY CARE, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SHRI BENNY GERVACIS RESPONDENT(S): PETITIONER: -------------------------- D. KALA, (SENIOR LECTURER IN PHARMACY MEDICAL COLLEGE, THIRUVANANTHAPURAM) W/O. K. MOHANAN, ANSARI PARAMBIL HOUSE, CHETTIKULANGARA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. ADV. SRI.K.N.PADMAKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.888 of 2005 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Koshy, J. Writ petitioner was denied promotion because she had no sufficient experience after acquiring the basic qualification. She was a Senior Lecturer in Pharmacy in Medical College, Thiruvananthapuram. She sought for promotion to the post of Assistant Professor but it was not given to her as she has not completed five years physical teaching experience after acquiring the Post Graduate Degree (for short, 'PG Degree'). Clause IV(a) in Ext.P3 reads as follows:- “Senior Lecturers who have PG degree in the speciality concerned and also have 5 years of (physical) teaching experience will be promoted as Assistant Professors in the scale of pay of Rs.12000-18300.” The Special Rules is silent on whether teaching experience has to be acquired before or after taking the PG Degree. Therefore, the provisions contained i Rule 10(ab) of the General Rules are automatically applicable. As per this Rule experience should be one after acquiring the basic qualification prescribed for the post. Rule 2 of the General Rules states that if any provision in the General WA No.888/2005 2 Rules is repugnant to a provision in the Special Rules applicable to a particular service, the latter shall in respect of that service prevail over the provisions in the General Rules. Since there is no provision in the Special Rules whether the experience has to be acquired before or after acquiring the PG Degree, Rule 10 (ab) of the General Rules has to be applied in every case. 2. In this case, in this connection we also refer to a Division Bench decision of this Court in Rabi v. State of Kerala (2007 (4) KLT 335) regarding the similar qualification prescribed in Dental Education Service. Ext.P3 is common to Dental Education Service also. Learned Single Judge relied on the decision in Manmadhan v. Kerala State Electricity Board (1999 (1) KLT 37 (FB)). It is submitted that the above judgment was reversed by the Hon'ble Supreme Court in Chandravathi v. Saji (2004 (2) KLT 320). Further the above judgment was regarding interpretation of a separate service rules. We follow the decision of this Court in Rabi's case (supra) as observed by the Supreme Court in Chandravathi's case (supra) and we hold that Government was right in denying promotion to the writ petitioner at that time since at the relevant time she was not having the required qualification. WA No.888/2005 3 Writ Appeal therefore, is allowed and the judgment of the learned Single Judge is set aside. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE.