SANKARANARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners and respondents (3) to (6) were Junior Agricultural Officers (JAO); and the petitioners were senior in that cadre. Respondents (3) to (6) were however preferred for 'promotion' to the next higher post of District Agricultural Officer/Asst. Director (DAO) on the ground that they were qualified within the meaning of Ext. P9, while the petitioners were not. The challenge is to the promotion given to the respondents and also to the provision in Ext. P9 whereby a higher minimum qualification is fixed for the post of DAO.

(2.) Ext. P9 stipulates that vacancies in the cadre of District Agricultural Officers are to be filled up by transfer from the category of Junior Agricultural Officers (formerly known as Agricultural Assistants) having a degree or diploma in Agriculture from a recognised university. Respondents (3) to (6) are graduates in Agriculture, while the petitioners do not have a degree or diploma in Agriculture. Shorn of details, the respondents were promoted because they were qualified as per Ext. P9, and the petitioners were not.

(3.) The contention of the petitioners, in substance, is that fixation of a higher qualification for the higher post of DAO is opposed to the equality provisions of Art.14 and 16 of the Constitution. Instead of putting it so bluntly, they try to use the familiar language of decided cases taking the view that when different groups of employees with different qualifications are brought together to form an integrated class with common seniority etc., some among them cannot thereafter be separately classified on the basis of qualifications or source, and preferred for promotion to higher posts. The very circumstance that the petitioners, without degree or diploma in Agriculture were considered good for being grouped with the respondents for appointment to the post of JAO, it is contended, implies a recognition that they are equal to graduates or diploma holders in Agriculture considered suitable for promotion to the cadre of DAO.