IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 13023 of 2008(A) -------------------------- PETITIONER: ------------ 1. SAHADEVAN V ATTENDANT, VETERINARY DISPENSARY, KAINAKARY, ALAPPUZHA. 2. SANJEEVKUMAR.A.S NIGHT WATCHMAN, REGIONAL ARTIFICIAL INSEMINATION CENTRE (RAIC) MAVELIKKARA. 3. BIJI THOMAS, ATTENDANT, DISTRICT VETERINARY CENTRE, ALAPPUZHA. 4. SREEJESH.S. PEON, DISTRICT ANIMAL HUSBANDRY OFFICE ALAPPUZHA. 5. SANTHOSH.V, PEON, DISTRICT ANIMAL HUSBANDRY OFFICE ALAPPUZHA 6. SUNILA.C. ATTENDANT, VETERINARY HOSPITAL THYKATTUSSERRY CHERTHALA. 7. VALSAMMA M.K. ATTENDANT,VETERINARY HOSPITAL, AMBALAPPUZHA 8. SUMANGALI DAS ATTENDANT,VETERINARY HOSPITAL,KIDANGARA, ALAPPUZHA. 9. K.S. MANOJ CALF FEED SUBSIDY PROGRAMME, ALAPPUZHA 10. ELIZABETH.C.V. ATTENDANT,VETERINARY HOSPITAL,MARARIKKULAM 11. RAJENDRAN.K. ATTENDANT, DISTRICT VETERINARY CENTRE, ALAPPUZHA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. DIRECTOR OF ANIMAL HUSBANDRY DIRECTORATE OF ANIMAL HUSBANDRY VIKAS BHAVAN, THIRUVANANTHAPURAM 2. SECRETARY TO GOVERNMENT OF KERALA AGRICULTURE (AHE) DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM 3. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 4. KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE P.O. THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY BY SMT.M.R.SREELATHA,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 13023 of 2008 -------------------------- Dated this the 29th May, 2008 J U D G M E N T Petitioners are Last Grade Servants in the Department of Animal Husbandry. They aspire for promotion to the post of Livestock Insepctor Gr.II/ Poultry Assistant/Milk Recorder/Storekeeper/Enumerator. As per the Special Rules issued by the Government in 1993. 15% of the total vacancies in the said post was set apart for Last Grade Servants. 2. As per the Special Rules issued by the Government in 1993, the qualifications prescribed for appointment to the said post by transfer was VHSE in Livestock Management and in their absence, a pass in SSLC or equivalent. The said qualifications were amended as per Exhibit P2 and S.S.L.C is no longer treated as alternate qualification. 3. Since a pass in SSLC or equivalent is deleted from the Special Rules, it has resulted in a situation where even in the absence of persons with VHSE in Livestock Management, holders of SSLC cannot now aspire to be considered for W.P ( C) No. 13023 of 2008 2 promotion as Livestock Inspectors. Apparently, this has resulted in several Last Grade Servants losing an opportunity for promotion as Livestock Inspectors. They have represented this matter before the Government, as evidenced by Exhibit P3. This view has been recommended for acceptance by the Director as evidenced by Exhibit P5. 4. I heard learned counsel for the petitioner and the learned Government Pleader. 5. Prescription of the minimum qualification for the post is within the domain of the rule making authority, namely, the Government. I do not therefore find any reason to interfere with the said prescription as contained in Exhibit P2. In the result, the writ petition is disposed of in the following terms: i) Petitioners may file a fresh representation indicating their grievances, within a period of one month from the date of receipt of a copy of this judgment. ii) On receipt of such representation, the Government shall take a decision on the question as to whether any change could be effected in the qualifications W.P ( C) No. 13023 of 2008 3 currently contained in the Special Rules taking note of the recommendations made in that behalf by the Director of Animal Husbandry, as evidenced by Exhibit P4. Government shall take a decision, within a period of three months from the date of receipt of a representation along with copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 13023 of 2008 4