JOLY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, a member of the ministerial service of the 5th respondent college has approached this Court challenging Exts. P2 and p8 orders and seeking a declaration that the petitioner is duly qualified for promotion to the post of L. D. Typist. THE petitioner was really promoted by the management to that post. That promotion was declined to be approved by Exts. P8 by the second respondent, on the ground that the petitioner did not possess K. G. T. E. in Malayalam typewriter or equivalent. It was earlier rejected, as seen from Ext. P2 on the same ground. THE petitioner pointed out the illegality, according to him, in ext. P2 before the second respondent by filing Exts. P3 and P4 representations. That resulted in Ext. P8 again reiterating the same ground as in Ext. P2. It is in the above circumstances, the petitioner has approached this Court.

(2.) THE undisputed facts are as follows:

(3.) IT is contended on behalf of the Director of Collegiate education that the Government had made such a qualification obligatory for promotion to the post of L. D. Typist in their service. Almost all the service conditions as applicable to the Government employees are made applicable to the university employees. In such circumstances, there cannot be any discrimination. The petitioner should possess that qualification as well to aspire for promotion. Answer to this contention is contended in Ext. P5 judgment, wherein this court held that in the light of the qualification prescribed in the statutes further qualification cannot be insisted without amending the statute itself. The amendment to the rules on qualification in the state service cannot have an automatic application to the University. On that count also, it cannot be insisted that the petitioner shall have the K. G. T. E. Lower in Malayalam Typewriting to get promotion as L. D. Typist, in a private college affiliated to Mahatma Gandhi University.