VELAYUDHAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) A nice question arises for decision in this original petition. It is regarding the departmental test qualifications required by a member of the Scheduled Caste to get promotion from the cadre of lower division clerk to that of upper division. In other words, the question is, can a Scheduled Caste candidate borne on the cadre of lower division clerk in a private college, claim promotion to the upper division cadre without passing the departmental test on the basis of the exemption granted by the government under R.13A of the Kerala State & Subordinate Services Rules

(2.) Statute.66 of Part.4 of the Kerala University First Statutes, 1979, reads as follows:

(3.) The argument advanced by the learned counsel appearing for the additional 4th respondent and by the learned Government Pleader is that Statute 66 deals with qualifications and method of appointment and not to exemption from qualification. Exemptions granted to members of the scheduled castes under R.13A of the KS & SSR are exemptions from qualification and those exemptions will not apply to members of the scheduled castes in the private colleges. I find it difficult to accept this argument. The qualifications for promotion from the lower division clerk to the upper division takes in exemption from qualifications as well. If a member of the scheduled caste is exempted from passing the test qualification under R.13A, that will have to be taken as his qualification for promotion to the upper division cadre. Viewed in this manner, the exemption that is given to the members of the scheduled castes and scheduled tribes in the matter of test qualification will apply to persons similarly situated in the staff of private colleges as well