IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WA.No. 1970 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7955/2007 .................... APPELLANT: RESPONDNETS/RESPONDENTS 1 & 2 IN THE WPC --------------------------------------------------- 1. THE DIRECTOR, FIRE & RESCUE SERVICES HEAD QUARTERS HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. 2. THE COMMANDANT GENERAL, FIRE & RESCUE SERVICE HEADQUARTERS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER (SMT. MEERA) RESPONDENTS: PETITIONERS & RESPONDENT NO.3 IN THE WPC ----------------------------------------------------- 1. S.UNNIKRISHNAN, LEADING FIREMAN NO.3150, FIRE FORCE STATION, PUNALUR. 2. K.ROBERT, LEADING FIREMAN NO.3158, FIRE STATION, PUNALUR. 3. S.SHAJI, LF.NO.3183, FIRE FORCE STATION, KARUNAGAPPALLY. BY ADV. SRI.S.A.RAZAK THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- W.A.No. 1970 of 2007 -------------------------------------------- Dated this the 17th day of January, 2008. JUDGMENT Koshy, J: Respondents were initially appointed as Fireman. Thereafter, they were promoted as Leading Fireman. Now, they claim for promotion to the post of Assistant Station Officer (ASO). It is common case that they cleared the necessary written test and also the practical test. But, since they failed to get 50% marks for the practical test, they were not selected. As per Ext.P1 directions, they have to get 40% marks for the theory test and they passed the test. For practical test, according to the first respondent, he got only 41% and 2nd respondent got only 42%. According to respondents, they are entitled to get promotion as ASO. 2. Admittedly, no minimum marks is prescribed by any regulation for practical test in the matter of promotion as ASO. Therefore, if they get at lest 40% marks, they are entitled to get promotion. The learned single Judge after going through Ext.P1, held as follows: [W.A.1970/07] 2 “Going by Sub-clauses (8) and (9) of Clause 4 of Ext.P1, candidates of reasonable intelligence will definitely think that they can clear the practical test, if they get 40% marks. Therefore, it is not fair or proper to say that they have failed the test for not having obtained 50% marks. It is an admitted position as evident from the pleadings in the counter affidavit that there is no Rule or Order, prescribing 50% marks as the minimum marks for clearing the physical test, which is held as part of the final test”. 2. We fully agree with the above view. If the appellants want minimum marks for the practical test, it is for them to prescribe the same. It was not prescribed so far or at the time when respondents wrote the examination and vacancy arose, it is not applicable to them. It is true that for the lower category minimum marks were prescribed and the respondents also got minimum marks and got appointed as Fireman and therefore they gained experience. This judgment will not prevent the authority to prescribe reasonable minimum marks for practical test for promotion as Assistant Station Officer. In the above circumstances, we see no ground to interfere with the impugned judgment. Appeal is dismissed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [W.A.1970/07] 3