P C ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner as well as the 4th respondent are members of the non teaching staff in the St. Joseph's College, Calicut of which the 3rd respondent is the President, Managing Board. The petitioner is a graduate. He obtained his degree in 1959 and soon thereafter joined the service of the college and has put in 11 years of service in the College in the Upper Division cadre since his appointment on 18-9-1959. The 4th respondent was also an Upper Division Clerk whose service is longer than that of the petitioner by about three years, his service having commenced on 1-7-1956. But the petitioner's case is that for further promotion to the post of Senior Superintendent his claim is better than that of the 4th respondent as the 4th respondent is under qualified. It is said that while the petitioner is a graduate, the 4th respondent has not even passed the S. S. L. C. and has also not passed the account test and in the absence of these qualifications there is no question of the 4th respondent being promoted to the Senior Superintendent's cadre and that the petitioner is qualified to be promoted. The promotion of the 4th respondent in relaxation of the existing rules to the post of Senior Superintendent is under challenge in the petition.

(2.) The college in which the petitioner is working is a private college. The pattern of non teaching staff in Government Colleges has been made applicable to the Private Colleges and it is provided by Ext. P1 G. O. that the qualifications prescribed for similar posts in Government colleges will be strictly followed in regard to the Private College.

(3.) The Director of Collegiate Education who is the second respondent in the Original Petition, by a circular issued by him to the Principals of all Private Colleges, intimated them of the qualifications prescribed for the non teaching posts in Government Colleges. In the annexure to the Circular, extract of which is Ext. P2, it is stated that for the post of L. D. Clerk S. S. L. C. is the minimum qualification and for promotion to the post of U. D Clerk seniority is the criterion. It is also seen that the post of Headclerk/Head Accountant is to be filled up by promotion from U. D, clerks according to seniority and to the post of Senior Superintendent promotion is from the post of Headclerk/Head Accountant according to seniority. The post of Senior Superintendent is a selection post to which promotion is made from the lower category according to merit, seniority being considered only when merit is equal.