GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) INTERPRETATION of the provisions contained in Statute 68 in Chapter 45 of the Mahatma Gandhi University First Statutes 1991 is the issue, arising in this original petition. The M. G. University First Statutes 1991 was issued on 8-2-1991 by the Government of Kerala in exercise of its powers conferred by sub-section (1) of S. 100 of the Mahatma Gandhi University act 1985 (12 of 1985 ). S. 100 reads as follows: - "100. First Statutes and Ordinances: - (1)Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by' Government in consultation with the University Grants Commission, within a period of one year from the date of commencement of the Mahatma Gandhi University (Amendment) Act, 1988. (2) Every first Statute and every first Ordinance made under this section shall be laid " as soon as it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and before the expiry of the session in which it is so laid or the session immediately following, the Legislative assembly makes any modification in the first Statute or the first Ordinance, as the case may be or decides that the first Statute or as the case may be, the first Ordinance should not be made, the first Statute or the first Ordinance, as the case may be shall thereupon have effect only in such modified form or be of no effect, as the case may be; so however that no such modification or annulment shall be without prejudice to the validity of anything previously done under the first Statute or the first Ordinance. " Section 67 of the Act provides that method of appointment, pay and other conditions of service of the non-teaching staff of private colleges shall be such as may be prescribed by the Statutes. Chapter 45 of the Mahatma Gandhi University First Statutes 1991 contains the provisions regarding conditions of service of members of non-teaching staff in private colleges. Statute 43 under Chapter 45 lays down the qualification for appointment to the post of various categories of non-teaching staff in private colleges. In respect of appointment to the post of L. D. Typist, following are the qualifications prescribed: - "s. S. L. C. with Typewriting (lower) provided that the non-clerical staff (Attenders, Peons) etc. excluding the technical staff like laboratory Staff and Library Staff of the Private Arts, Science and Training colleges who are fully qualified and who are in regular permanent service or have put in three years of continuous service after the commencement of these statutes shall be promoted as Lower Division Typists against future vacancies arising in private Arts, Science and Training Colleges. "

(2.) THE petitioner was appointed as a Peon in the college of the 4th respondent in the year 1971 and he was later promoted as Laboratory attender. It is contended by the petitioner that he is fully qualified to be promoted to the post of L. D. Typist in accordance with.-the qualifications prescribed under Statute 43. Even though he was originally considered for promotion, the petitioner alleges that later the proposal was dropped in the light of the directions given by the 1st respondent under Ext. P2. By Ext. P 1 order dated 5-8-92, acquisition of Malayalam Typewriting Lower Grade certificate (KGTE) was made a compulsory qualification for appointment to the post of Typists and Confidential Assistants in Government service. It is not known whether the above Government order was followed by an amendment to the special Rules and if so, the date of coming into force of the amendment to the special Rules. In any view of the matter by Ext. P2 clarification, the government gave a direction that the amendment as contained inext. P1 would be applicable in the matter of appointment of non-teaching staff of all private colleges affiliated to the Kerala, Calicut and Mahatma Gandhi Universities. In the light of the above direction given by the 1st respondent, the petitioner became disentitled for promotion as Lower Division Typist since he had not acquired Malayalam Typewriting Lower Grade Certificate. THE 4th respondent, manager thereupon invited applications by an advertisement dated 15-3-1993 for selection of candidate to be appointed as L. D. Typist in their college. It was at this stage the petitioner approached this court challenging the direction given by the 1st respondent under Ext. P2. THE 5th respondent got himself impleaded, contending that pursuant to the invitation of applications, he had also submitted an application and according to his information he was ranked first after the interview.

(3.) IF it is to be taken that the provisions contained under the Mahatma Gandhi University First Statutes, 1991 are to be ignored in the light of the decision in Nair Service Society's case, the provisions contained under the Kerala University (Conditions of Service of Teachers and members of non-teaching Staff) First Statutes, 1979 shall govern appointment to the post of L. D. Typists by virtue of the provisions contained under S. 99 of the Mahatma Gandhi University Act. Sub-section (2) of S. 99 provides that all statutes and Ordinances made under the Kerala University Act, 1974 and in force on the date of the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act continue to be in force in respect of the areas referred to in sub-section (1) until they are replaced by the statutes and Ordinances to be made under this Act. Chapter III of the Kerala University (Conditions of Service of Teachers-and Members of non-teaching Staff) First statutes, 1979 contains provisions regarding the conditions of service of members of non-teaching staff. Statutes 41 under Chapter III prescribes qualifications for appointment to different categories of non-teaching staff in private colleges including Lower Division Typists. The qualification prescribed is the same as he one prescribed under Statute 43 in Chapter 45 of (lie Mahatma gandhi University First Statutes, 1991. Statutes 66 under Chapter 111 of the kerala University Statutes contains identical provisions as those in Statutes 68 of the Mahatma Gandhi University First Statutes. Therefore the basic issue, which is the subject matter of this original petition is still relevant for consideration even if it is to be held that the Mahatma Gandhi University First statutes, 1991 is inoperative and the provisions contained in the Kerala university (Conditions of Service of Teachers and Members of non-teaching staff) First Statutes, 1979 govern the field.