MANIKANDAN K.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions relate to the amendment of the Guruvayur Devaswom Employees' Regulations, 1983 (hereinafter referred to as Regulations) and are heard and disposed of together. W.P.(C) No.12652 of 2020 is treated as the leading case.

(2.) The writ petition is filed by an Upper Division Clerk working in the Guruvayur Devaswom, who has completed his B.A. degree course in 2005 and claims to be proficient in Computer Application. The management and administration of the 2nd respondent is regulated by the Guruvayur Devaswom Act, 1978 (hereinafter referred to as 'the Act'). Section 39 of the Act authorises the Managing Committee to frame Regulations to govern the service conditions and scales of pay of their employees, subject to approval of the Government. Regulations were framed in 1983 and the same were approved by the 1st respondent on 03.12.1983. The Regulations underwent amendment in 2015, again with the approval of the 1st respondent. As per the Regulations, the qualification for appointment to the post of Lower Division Clerk was SSLC or equivalent qualification. The said qualification was also the minimum qualification for appointment to the posts of Upper Division Clerk, Devaswom Inspector, Assistant Manager, Manager and Deputy Administrator, which are the posts above the Lower Division Clerk in the order of hierarchy. Additional qualifications are however prescribed for the higher posts in the form of passing Departmental Tests and tests conducted by the Kerala Public Service Commission.

(3.) The Kerala Devaswom Recruitment Board (3 rd respondent) was established in the year 2014 and the promotion to the posts above Assistant Manager are presently entrusted with them. On 06.02.2019, the Managing Committee resolved to amend the Regulations by enhancing the minimum qualification for appointment to the post of Lower Division Clerks from SSLC to Degree in any discipline with proficiency in Computer Application. The resolution was forwarded to the Government on 22.2.2019 for approval. The Government suggested that a consequential amendment should be made in the higher posts to which a Lower Division Clerk would be promoted. After several communications that followed, on 14.10.2019, the 2 nd respondent wrote to the 1st respondent, proposing to enhance the requisite educational qualification for all the categories from Lower Division Clerk to that of Deputy Administrator as Graduation in any subject from a recognised University and a certificate of Compute Application from a reputed institution. The letter is produced as Ext.P6. Thereafter, the amendment Regulations were issued with the approval of the Government on 13.02.2020 and a copy of the same has been produced as Ext.P7. It can be seen from Ext.P7 that even though the proposal was for enhancing the qualification to Degree, what has been approved by the Government is an enhancement of the qualification from SSLC to "Plus Two or equivalent qualification and have computer knowledge". The explanatory note attached to the amendment Regulation says that the qualification has been enhanced in order to meet the present day requirements, with the objective of enhancing the efficiency of administration.