IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 22913 of 2007(C) --------------------------------------- PETITIONER(S): ------------------------ 1. DINESHAN CHENARATH, SENIOR GRADE ASSISTANT, EXAMINATION BRANCH, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., MANGATTU PARAMBA, KANNUR. 2. SHAMIL KRISHNAN C.K., SENIOR GRADE ASSISTANT, EXAMINATION BRANCH, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., MANGATTU PARAMBA, KANNUR. 3. NIRON DAS C.K., ASSISTANT, SCHOOL OF DISTANCE EDUCATION, KANNUR UNIVERSITY CAMPUS P.O., MANGATTU PARAMBA, KANNUR. 4. THARA T.K., SENIOR GRADE ASSISTANT, EXAMINATION BRANCH, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR. BY MR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE RESPONDENT(S): -------------------------- 1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR UNIVERSITY CAMPUS P.O., MANGATTU PARAMBA, KANNUR. 2. THE VICE CHANCELLOR, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., MANGATTU PARAMBA, KANNUR. W.P.(C) NO.22913/2007 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. ANIL CHANDRAN, SENIOR GRADE ASSISTANT, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR. 5. SWAPNA SUKUMARAN, SENIOR GRADE ASSISTANT, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR. 6. SAJITH M.K., SENIOR GRADE ASSISTANT, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR. 7. DISEEJA S.D., SENIOR GRADE ASSISTANT, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR. R1 & R2 BY ADV. MR.M.SASEENDRAN,SC,KANNUR UNIVERSITY R3 BY GOVT. PLEADER MR.DILEEP KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 22913/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORIGINAL RANK LIST. P2:- COPY OF THE REVISED COMMUNAL LIST. P3:- COPY OF THE PROMOTION LIT OF SENIOR GRADE ASSISTANTS DTD. 15.2.07. P4:- COPY OF THE SECOND PROMOTION LIST OF SENIOR GRADE ASSISTANTS P5:- COPY OF THE PROMOTION LIST OF SENIOR GRADE ASSISTANTS. P6:- COPY OF THE PROMOTION LIST OF SELECTION GRADE ASSISTANTS. P7:- COPY OF THE SENIORITY LIST DTD. 21.10.05. P8:- COPY OF THE G.O. DTD. 20.9.06. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER. P10:- COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER. P11:- COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER. P12:- COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.22913 OF 2007 (C) -------------------------------------------------- Dated this the 16th day of October, 2009 J U D G M E N T Petitioners joined the service of the Kannur University as Assistants Grade-II on 1.6.2005,11.3.2004, 12.5.05 and on 15.3.04. They completed their probation by one year and that the same was declared. The higher post to which they aspire for promotion was Assistant Senior Grade. For promotion to this post, under the Ordinance that was applicable, one of the qualifications necessary was pass in Account Test which at the relevant time the petitioners did not pass. Some juniors who passed the Account Test were promoted earlier than them. It is contended that such promotion was irregular. 2. A already seen, pass in Account Test was one of the essential qualifications for promotion and though juniors to the petitioners, the respondents had passed the test prior to their promotion. If that be so, they satisfied the prescribed qualification. Therefore the promotion given to them cannot be said to be illegal. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC /09 :2 :