GEETHA P Vs. KERALA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Both these cases relate to appointment to the post of Environmental Scientists in the Kerala State Pollution Control Board (hereinafter referred to as 'the Board') and are hence heard together and disposed of by this common judgment. The parties and documents referred to in this judgment are as figured in W.P.(C) .No.11972 of 2017.

(2.) The method of appointment, qualification etc of the officers under the Board are as contained in Kerala State Pollution Control Board Subordinate Service Regulations, 1999 (hereinafter referred to the regulation) . The issue in this case is with respect to promotion to the post of Environmental Scientist which is category III in Branch II Scientific provided in clause 12 of the Regulations. Clause 13 of the Regulations provides for the method of appointment to the post, according to which, appointment is to be made by promotion from Assistant Environmental Scientist which is in category 4. The qualification prescribed for the post of Environmental Scientist under Clause 14 is "a second class Masters Degree with 50% marks in any branches of Chemistry/ Life Science/ Environmental Science/ Environmental Studies. The qualifications prescribed for appointment to the post of Assistant Environmental Scientist are: Bachelors Degree in any branch of Chemistry/Life Science/Environmental Science/Environmental Studies and 3 years experience as Assistant Scientist in the board. The note under it provides that 3 years experience will not be insisted in the case of PG Degree holders in the above subjects/Diploma holders of Associateship of Institutional Chemists (India) .

(3.) The dispute in this case is between Diploma holders who are the seniormost, PG Degree holders who acquired qualification through distance education and PG Degree holders who acquired qualification through regular study, who are juniors to Post Graduates through distance education. Petitioners in W.P. (C) .No.11872 of 2017 are Assistant Environmental Scientist having Post Graduate Degree in Environmental Science. They acquired qualification by undergoing a course conducted by the School of Distance Education, Bharathiyar University. They are graduates in Chemistry. They submit that they had applied for leave in order to undergo Post Graduation; but the Board refused to grant them leave and therefore they joined M.Sc. Environmental Science course conducted by the School of Distance Education, Bharathiyar University, Coimbatore and acquired Post Graduate Degree in 2015. Thus both of them are having M.Sc. Degree in Environmental Science with second class. It is also their case that they are the seniormost Assistant Environmental Scientists qualified for promotion as Environmental Scientists under the Board. Since they are having more than 50% marks in the Masters Degree, they claim that they are the persons eligible and entitled to be promoted as Environmental Scientists.