IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14281 of 2011(I) -------------------------- PETITIONER(S): --------------- 1. K.KRISHNA KUMAR, S/O.KUTTAPPAN NAIR, AGED 37 YEARS, SAINDHAVAN, MACHEL, MACHEL P.O., MALAYINKIL, THIRUVANANTHAPURAM- 605 571. 2. SATHEESH.S.R, S/O.SIVARAJAN NAIR, AGED 37 YEARS, SREEHARI, MARKET ROAD, ATTINGAL P.O., THIRUVANANTHAPURAM-695 101. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. PRINCIPLE SECRETARY (REVENUE), REVENUE (C) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001. 3. LAND REVENUE COMMISSIONER, COMMISSIONERATE, LAND REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001. 4. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, THIRUVANANTHAPURAM, PIN-695 001. 5. KERALA STATE PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR ADV.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14281 of 2011 ================== Dated this the 27th day of May, 2011 J U D G M E N T The petitioners are Villagemen working in the Revenue Department of the Government of Kerala, in Thiruvananthapuram district. They are aggrieved by Ext.P1 order of the Government dated 16.3.2010, whereby the Government has ordered since the A Level Examination for Standard X conducted by the Kerala Literacy Mission has already been accepted as equivalent to SSLC Examination, for promotions in the Revenue Department from the lower level posts to the post of Lower Division Clerk/Village Assistant, a pass in A Level Examination can be considered as equivalent to SSLC. The ground raised is that Ext.P1 is only an executive order and the same amends the special rules regarding promotion to the post of Lower Division Clerk/Village Assistant, which as per the decisions of this Court and Supreme Court, is illegal. 2. I have heard the learned Government Pleader also. 3. I am of opinion that Ext.P1 order does not in any way amend the special rules. It only clarifies that since the Government has already accepted that a pass in 10th Standard A level examination conducted by the Kerala Literacy Mission is equivalent to pass in SSLC examination, the qualification of passing in A Level examination can be w.p.c.14281/11 2 taken as equivalent to SSLC examination for the purpose of promotion to the post of Lower Division Clerk/Village Assistant. Still the qualification prescribed in the special rules continues as SSLC. Ext.P1 can at worst be an order regarding equivalency of two examinations. As such, I do not find any merit in the contention that Ext.P1 is an executive order, which amends the statutory rules. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge