MARYKUTTY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) We are in these cases concerned with the interpretation of Rule 5(b) of the Special Rules for the Kerala Dental Education Service, 1975 read with Rule 10(ab) of Part II of the Kerala State and Subordinate Services Rules, 1958.

(2.) O.P. No. 2306 of 2001 was preferred by the appellant in W.A. No. 1893 of 2002 seeking a writ of certiorari to quash Ext.P8 revised select list by which fourth respondent was granted the date of assignment in the cadre of Assistant Professor earlier than the petitioner accepting her plea that she had acquired the qualification earlier than the petitioner when the vacancy in the post of Assistant Professor arose on 1-5-1988. Petitioner was appointed as Tutor in Dentistry on 26-07-1978 as per the advice Of the Kerala Public Service Commission dated 4-7-1978. Fourth respondent was also advised by the Public Service Commission for the post of Tutor in Dentistry on 20-7-1981. At the time of joining duty petitioner possessed BDS qualification prescribed for the post of Tutor while the fourth respondent was having MDS qualification. Promotion post of Tutor was that of Assistant Professor. Qualifications prescribed for the post of Assistant Professor as per Rule 5(b) of the Kerala Dental Education Service Special Rules are as follows: <p>border=1 cellspacing=0 cellpadding=0> <tr> <td width=130 valign=top> Category </td> <td width=126 valign=top> Method </td> <td width=265 valign=top> Qualifications </td> </tr> <tr> <td width=130 valign=top> Assistant Professor </td> <td width=126 valign=top> Promotion or Direct recruitment </td> <td width=265 valign=top> </td> </tr> <tr> <td width=130 valign=top> </td> <td width=126 valign=top> </td> <td width=265 valign=top> </td> </tr> <tr> <td width=130 valign=top> </td> <td width=126 valign=top> </td> <td width=265 valign=top> </td> </tr>

(3.) Teaching experience in the subject for three years.