ANANTHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) WRIT Appeal No.540 of 1973 has been filed against the judgment of our learned brother Khalid,J.dismissing O.P.No.5138 of 1972.By that original petition the writ petitioner(appellant before us)who is a II Grade Professor in the Kerala Collegiate Education Service had sought to quash the Government Order Ext.P -1 dated 21 st June 1972 promoting provisionally respondents Nos.2 and 3 in the original petition as Principals of Government Training Colleges.The writ petition also contained a prayer for the issuance of a writ of mandamus compelling the respondent -the State of Kerala -to make regular promotions to the available posts of Principals of Government Training Colleges in conformity with the provisions of the special rules and to grant such a promotion to the petitioner.The learned Single Judge dismissed the writ petition on two grounds.Firstly,it was held that the petitioner has failed to establish that he possesses the qualifications prescribed by the rules for promotion to the post of Principal.Secondly,the learned Judge also held that the provisions of the special rules framed by the Government of Kerala fixing the qualifications for the post of Principals of Training Colleges cannot apply to respondents Nos.2,3 and 5 who are personnel allotted to this State from the Madras service in as much as prior approval of the Central Government had not been obtained before the introduction of the special rules prescribing fresh qualifications which are different from those specified under the Madras rules.The appellant contends that both the above grounds stated by the learned single Judge are incorrect and unsustainable and that the dismissal of the writ petition was not justified.

(2.) THE parties in the writ appeal will be hereinafter referred to with reference to their array in the writ petition - O.P.No.5138 of 1972.

(3.) IN O.P.No.5138 of 1972 the learned single Judge did not consider it necessary to go into the merits of the main contentions put forward by the parties since in his opinion the writ petition had to fail on two grounds,namely,that the writ petitioner had not adduced satisfactory proof of his claim that he is fully qualified for the post of Principal and that the special rules relied on by the petitioner cannot be applied against respondents Nos.2 and 3 for want of prior approval of the Central Government under the proviso to section 115(7)of the States Reorganisation Act.