(1.) HEARD the arguments of the learned counsel for the parties and perused the records.
(2.) THE petitioners were all employed as Drivers in the Municipal Corporation at Coimbatore and they seek for a direction to the respondents to appoint them as Drivers in the existing posts by relaxing the age and educational qualifications.
(3.) ON behalf of the Corporation, a counter affidavit dated 18.8.1999 has been filed. It is admitted in paragraph 3 of the counter that the Corporation had purchased 16 autorickshaws and the Sanitary workers, who are willing, were employed as Drivers to drive the autorickshaws. Though it is claimed that they had been driving the autorickshaws till date, but the Municipal Corporations General Subordinate Service Rules, 1996 prescribes 10th Std. as minimum educational qualification for the post of Drivers. It was also admitted that by G.O. Ms. No. 13 Municipal Administration and Water Supply Department dated 13.01.1999, the Government had given directions that persons with qualification of a pass in 8th Std. with proper driving licence, can be promoted as Drivers by relaxing the Rules. In terms of the said G.O., only two persons were having qualification and for the remaining 16 cleaners, relaxation had to be made. Even the Rules for filling up the posts of Drivers will have to be done on the ratio of 1:1 and it cannot be done only by promotion as demanded by the petitioners.