IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 6385 of 2007(I) ---------------------------------- PETITIONER(S): ---------------------- P.G.JAYARAJAN, S/O GANGADHARAN, LIBRARY ASSISTANT IN CHARGE OF LIBRARIAN, ZAMORINS GURUVAYURAPPAN COLLEGE, CALICUT. BY ADV. MR.GEORGE ABRAHAM RESPONDENT(S): ----------------------- 1. THE MANAGER, ZAMORINS GURUVAYURAPPAN COLLEGE, CALICUT. 2. THE PRINCIPAL, ZAMORINS GURUVAYURAPPAN COLLEGE, CALICUT. 3. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, TENJIPPALAM, MALAPPURAM DISTRICT. 4. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 5. SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. DILEEP MOHANFOR R4 ADVS. MR.M.P.SREEKRISHNAN FOR R1 SMT.SHAHNA KARTHIKEYAN FOR R1 MR.V.ARUN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6385 of 2007(I) APPENDIX EXT.P1 - TRUE COPY OF DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT TO THE PETITIONER DATED 15.11.1995. EXT.P2 - TRUE COPY OF MLISc DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT TO THE PETITIONER DATED 27.12.1999. EXT.P3 - TRUE COPY OF POST GRADUATE DIPLOMA IN LIBARARY AUTOMATION & NETWORKING OF UNIVERSITY OF HYDERABAD OBTAINED BY PETITIONER. EXT.P4 - TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 30.11.2004. EXT.P5 - TRUE COPY OF THE CHARGE REPORT DATED 30.11.2004. EXT.P6 - TRUE COPY OF LETTER DATED 11.10.2004 ISSUED BY THE MANAGEMENT TO THE HON'BLE MINISTER FOR EDUCATION. EXT.P7 - TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 12.1.2006. EXT.P8 - TRUE COPY OF THE COMMUNICATION DATED 2.1.2006L OF THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P9 - TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 9.3.2006 TO THE 4TH RESPONDENT. EXT.P10 - TRUE COPY OF G.O.(Rt) NO. 1766/2003/HIGHER EDUCATION DATED 9.12.2003. EXT.P11 - TRUE COPY OF THE JUDGMENT DATED 20.3.2006 IN WP(C) NO. 8223/2006. EXT.P12 - TRUE COPY OF THE ORDER OF THE DIRECTOR OF COLLEGIATE EDUCATION DATED 4.8.2006. EXT.P13 - TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE MANAGER. EXT.P14 - TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 31.8.2006 TO THE 5TH RESPONDENT. EXT.P15 - TRUE COPY OF THE GOVERNMENT ORDER DATED 20.1.2007. EXT.P16 - TRUE COPY OF GOVERNMENT ORDER, G.O.(MS) NO. 50/08/HIGHER EDUCATION DATED 9.5.2008. EXT.P17 - TRUE COPY OF PETITIONER'S M.PHIL DEGREE CERTIFICATE. EXT.P18 - DIRECTOR OF COLLEGIATE EDUCATION HAS ISSUED TRUE COPY OF THE STAFF FIXATION ORDER FOR 2009-2010 OF ZAMORINS GURUVAYURAPPAN COLLEGE, CALICUT ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 6385 of 2007 ................................................. Dated this the 20th day of July, 2009 J U D G M E N T The post of Librarian in Zamorin's Guruvayurappan College, Calicut fell vacant on 30.11.2004, on the incumbent retiring from service. The petitioner, who was the Library Assistant was put in charge of the post of Librarian, since there was no other person in the college, who had the qualification to work as a Librarian. Charge was given by Ext.P4 order of the Manager. But in the same it was stated that the case of the petitioner who is the senior most Libaray Assistant is recommended to the Government for promotion as Librarian by the management. By Ext.P12 order, the Director of College Education Department rejected the claim of the petitioner for promotion to the post of Librarian. The petitioner approached the Government. The Government also by Ext.P15 order rejected the claim on 3 grounds namely: “a) The petitioner does not possess the qualification (NET) as prescribed by UGC. b) There is no provision in the Calicut University Statute to promote a Library Assistant as Grade I Librarian. W.P(C) No. 6385 of 2007 -2- c) As per the revised staff pattern based on G.O (MS) 119/04/H.Edn. dated 17.9.2004 the Grade I Librarian in Zamorin's Guruvayurappan College is retained as supernumerary.” 2. The petitioner's contention is that all the three reasons given by the Government are unsustainable. According to him, qualifications for the post of Librarians are laid down by the Calicut University statutes, 1979, which do not prescribe NET as a necessary qualification. Petitioner submits that in view of note 1 to statute 42 of Chapter II of the Calicut University statutes 1979 not more than 50% of the vacancies in each grade under each educational agency shall be filled up by direct recruitment which would mean that the balance 50% shall be filled up by promotion from existing staff in the college. Regarding the 3rd ground, the petitioners contention is that they should at least be one post of Librarian and in view of the statutes that could have been filled up by promoting the petitioner. In support of the contention of the petitioner that without amending the statutes prescribing qualifications, the University of the Government cannot insist on NET as a mandatory qualification, the petitioner relies on the decisions of Sasidharan Nair v. University of Calicut 2000(2)KLT 745 and S.N. College v. N.Raveendran W.P(C) No. 6385 of 2007 -3- 2001 (3) KLT 938. The petitioner therefore seeks the following reliefs: “i) to issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P12 and Exhibit P15; ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd and 5th respondents to approve the petitioner as Librarian Grade-I at Zamorins Guruvayurappan College, Calicut.” 3. The 4th respondent has filed a counter affidavit in support of the impugned orders. 4. I have considered the rival contentions in detail. 5. Admittedly, the petitioner is only a Library Assistant. The petitioner could not bring to my attention any provision in the statutes which provides for promotion of Library Assistant as Librarians. In fact the post of Library Assistant is a feeder category for promotion to the post of LD Clerk as per the statutes. Therefore the petitioner cannot as of right aspire for promotion as Librarian. If the petitioner has the prescribed qualifications, his remedy lies in applying for the post of Librarian by direct recruitment, as and when the management invites applications for such direct recruitment. Therefore there is no merit in the challenge against the impugned orders and W.P(C) No. 6385 of 2007 -4- accordingly the writ petition is dismissed. The learned counsel for the petitioner makes a fervent plea for a direction to the Government to permit the management to fill up the post of a Librarian by direct recruitment. I am not called upon to decide that question in so far the manager has not approached either the statutory authorities or this court for such permission. It is for the Manager to take up the matter appropriately, in respect of which I do not express any opinion. S. SIRI JAGAN, JUDGE rhs