IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 32652 of 2010(F) -------------------------- PETITIONER(S): --------------- 1. E.K.PARAMESWARAN, AGED 49, S/O.KITTU, EDATHALA KAROTTU, EZHALLARA NADU, PUTHENCRUZ VAZHI 682 308, NOW WORKING AS ATTENDER GOVERNMENT AYURVEDA DISPENSARY, POOTHRIKKA 682308 ERNAKULAM DISTRICT. 2. P.K.VIJAYAMMA, AGED 51, W/O.M.T.KUMARAN MOOLANCHERRIYIL, PANCODE PO, VADAVUCODE PUTHENCRUZ VAZHI 682 308, NOW WORKING AS ATTENDER GOVERNMENT AYURVEDA DISPENSARY, IKKARANADU, KADIYRUPPU,ERNAKULAM DISTRICT. BY ADV. SRI.B.RAMACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, ERNAKULAM. 4. KERALA STATE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.M.R.SREELATHA ADV.ALEXANDER THOMAS, SC FOR PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.32652 of 2010 ================== Dated this the 12th day of November, 2010 J U D G M E N T The petitioners are working as Attenders in the Department of Indian Systems of Medicine. The petitioners aspire for promotion to the post of Pharmacist Grade II. By the new special rules which came into force from 19.11.2008, a new qualification has been prescribed viz., a pass in one year Certificate Course in Ayurveda Pharmacy, for such promotion. The petitioners do not have that qualification. But, according to them, they are entitled to promotion subject to their acquiring the qualification within three years as provided in Rule 13A of KS&SSR. The petitioners, therefore, seek the following reliefs: “i) issue a writ in the nature of certiorari or any other appropriate writ, direction or order and call for records leading to Ext.P5 and quash the same holding that petitioners are entitled for the promotion to the post of pharmacist Grade II in Indian Systems of Medicine Department in view of Rule 13A(1)(b) of part II of the KS&SSR. ii) issue a writ in the nature or mandamus or any other appropriate writ direction or order directing the respondents to promote the petitioners to the post of pharmacist Grade II within such time as may be fixed by this Honourable Court.” 2. I have heard the learned Government Pleader also. 3. Rule 13A (1) of the KS&SSR reads thus: “13A. Special and Departmental Tests – Temporary exemption for promotion.- (1) Notwithstanding anything containing in rule 13,- (a) Where a pass in a special or departmental test is prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service belonging to any of the w.p.c.32652/10 2 scheduled castes or scheduled tribes who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may be appointed thereto temporarily. (b) Where a pass in a special or departmental test is newly prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may, within two years of the introduction of the test, be appointed thereto temporarily.” 4. What is contemplated in Rule 13A is exemption from special or departmental test and not qualification prescribed in the special rules. Although the learned counsel for the petitioners would contend that the word, “special” included in the Rules would mean special qualification also, I am unable to subscribe to that view. In the context of service jurisprudence “special” and “departmental test” have particular connotations and those do not mean special qualification prescribed in the special rules. Only “special” or “departmental test” comes within the purview of Rule 13A and not qualification prescribed in the special rules. As such, there is no merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.32652/10 3