IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WA.No. 1083 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.24834/2006 DATED 14/01/2008 .................... APPELLANTS/THIRD PARTIES: -------------------------------------------- 1. T.A.NASSER, PEON, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. 2. G.JAYAKUMAR, PEON, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. 3. K.L.VINOD, CLASS IV EMPLOYEE, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. 4. P.V.THOMAS, PEON, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. ' BY ADV. SRI.K.JAJU BABU, SRI.BRIJESH MOHAN, SRI.T.R.SADEESAN. RESPONDENTS/ PETITIONERS 1 & 2 & RESPONDENTS 1 & 2 IN W.P.(C): ------------------------------------------------------------------------------------------------------ 1. ARIFA BEEVI.P., PEON, AUDIT I, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 2. V.KARTHIKEYAN, PEON, SCHOOL OF GANDHIAN STUDIES, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 3. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS POST, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 4. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM DISTRICT. BY GOVT. PLEADER SRI. GENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.1083 OF 2008 () ----------------------------------- Dated this the 4th day of June, 2008 J U D G M E N T KOSHY,J. According to the rules prevailing, appointment to the post of Clerical Assistants from Class IV employees in the University service can be made, provided, they had the minimum qualification, that is, S.S.L.C. As per the Kerala University Ordinances, following is the qualification prescribed for Clerical Assistants. “II. Clerical Assistants: Clerical Assistants are appointed by promotion from the Class IV employees. Those having S.S.L.C. Before entry into service will be considered for promotion on completion of 3 years service and who passed S.S.L.C. After entry into service will be considered for promotion when they complete 2 years service. Scale of Pay: Rs.950-1650 Age: Not more than 30 years W.A.1083/08 2 (relaxed in the case of those in service) Qualification: A pass in S.S.L.C. (Relaxable in the case of those in the University service). Technical: Good handwriting. Method: By competitive test or interview or by promotion from among the cadre of Last Grade Servants.” By virtue of Ext.R3(c) order, all Class IV employees in the University service are eligible for promotion to the post of Clerical Assistants by relaxing the requirement of qualification of S.S.L.C. The learned Judge held that without amending the ordinance, such an order cannot be made. It is true that for valid reasons, individual relaxation can be given by the University. But there are enough S.S.L.C holders in the Last Grade Service. The learned Single judge held that even though he is not setting aside Exts.P4 and P5, but in future, without relaxation for valid grounds, those candidates without qualification cannot be promoted. It is submitted that W.A.1083/08 3 petitioners were not heard but even after hearing them in detail, we are of the view that no interference is required in the impugned judgment, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008