PADMANABHA PILLAI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner and the 4th respondent are members of the teaching staff of Sree Sankara College, Kalady. They were both Junior Lecturers. They both had obtained M. A. Degree in English, but with III Class. That class was sufficient to be appointed as Junior Lecturers. However, the minimum qualification for promotion as Lecturers was a II Class. A temporary exemption was given to them by the competent authority of the University by its order dated 31-6-1974 for a period of three years. This was to enable persons like the petitioner and the 4th respondent to acquire the diploma in English which was considered to be a certificate of their "improvement" in English. Neither the petitioner nor the 4th respondent acquired the diploma within the stipulated time. The 4th respondent was admittedly senior to the petitioner as Junior Lecturer. However, by Ext. P2 dated 12-1-1976 the Vice-Chancellor acting as a delegate of the Syndicate in terms of S.23(xix) of the Kerala University Act made the following order:-

(2.) In view of the fact that neither the petitioner nor the 4th respondent had obtained the requisite qualification until they were permanently exempted by the order of competent authority of the University with effect from 26-2-1977, I do not see any substance in the contention that the approval granted to the petitioner by Ext. P2 with effect from 6-11-1975 was not liable to be cancelled. The approval was given by mistake, although the mistake was not in any manner prompted by any act or omission on the part of the petitioner. Nevertheless in the absence of the requisite qualification the petitioner could not legitimately claim approval with effect from any date anterior to 26-2-1977 when the permanent exemption was granted. The question however is whether Ext. P4 (No. 84-3958/78) dated 2-6-1978 which is a consequential order made by the Deputy Director of Collegiate Education is sustainable in so far as the petitioner is concerned. This order says: