High Court of KeralaSingle JudgeWrit petitions allowed; reversion orders quashe...
WP(C).No.17944 OF 2015(P) & Conn.cases
Case / Petition Number:WP(C).No.17944 OF 2015(P) & Conn.cases
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Amit Rawal
- Judgment Date
- 2021-03-09
- Court Decision / Holding
- The writ petitions are allowed. The reversion orders are quashed. The petitioners are entitled to continue in service and to consequential pensionary benefits. The court directed re-fixation of pay where necessary and release of pensionary benefits within two months of certified copy of the judgment. It held that permanent exemption from test qualifications applies only where lawfully granted and that, where not applicable, individuals are required to obtain the attender test or meet the statutory conditions for promotion.
- Final Disposition
- Writ petitions allowed; reversion orders quashed; consequential pensionary benefits to be disbursed within two months; salary re-fixation permissible as required by the judgment.
Parties to the Case
Appellants / Petitioners
- Kathrikutty John
- Jolly Joseph
- Lilli kukty P.A.
- Mathew Thomas
- P.K.Ponnamma
- N.G.Varghese
- Benny Varghese
- M.P.Thomas
- Vincent N.A.
- Joseph Jospeh
- P.S.Raju
- M.C.John
- C.V. James
- V.A. Felix
- C.D.George
- E.M.George
- P.A.Abdul Razak
- E.K.Mohananan
- C.C.Thressia
- Omana M.T
- Gracy L
- Babu A.V
- Mathew Uthappu
- Sebastian M.V
- S.K.Sudhi
- K.L.Leela
- M.S.Beena
- V.B.Dileep Kumar
- Baby Thomas P
- Lalji John Thomas
Respondents
- THE STATE OF KERALA represented by the Secretary to the Department of Higher Education, Secretariat, Thiruvananthapuram-695001
- THE DIRECTOR OF COLLEGIATE EDUCATION, Thiruvananthapuram-695001
- THE Deputy Director of Collegiate Education (Kottayam/Thirissur/Ernakulam as applicable)
- THE MAHATMA GANDHI UNIVERSITY represented by its Registrar, Athirampuzha, Kottayam-686001
Legal Representation & Advocates
Counsels for Petitioners
- • George Sebastian
- • R. Syle(sh)waren Nair
- • T.B. Hood
- • Amal Kasha
- • Misha
Counsels for Respondents
- • Sri.Babu Karukapadath
- • Sri.Baby Isaac Illickal
- • Sri.Isaac Kuruvilla Illikal
- • Sri.A.N.Rajan Babu
- • GOVERNMENT PLEADER
Case Synopsis & Summary
This is a consolidated Kerala High Court writ petition (and connected cases) challenging the reversion of private college library/laboratory assistants who had reached 50 years of age and were promoted within private aided colleges affiliated to Mahatma Gandhi University. Petitioners argued that Rule 44(12) of the Mahatma Gandhi University Statute 1997 (and Rule 57) grant permanent exemption from obligatory departmental tests for those above 50, and that the Kerala Public Service Commission (KPSC) attendance tests were not regularly conducted, entitling them to retention and salary/pensionary provisions without mandatory testing. Respondents contended that the conditions to pass attender tests or meet specific qualifications are mandatory for continued service or promotion, and that non-passing employees can be reverted or not considered for continued service. The Court examined the statutory framework (MG University Statute, Kerala Service Rules), the role of KPSC tests, and the reliance on Pramod Kumar v UP Secondary Education Services Commission to uphold the requirement of qualification and attest proper promotion. The judgment quashes the reversions and directs consequential pensionary adjustments, holding older age exemptions from test would apply only where valid under the statutes, and that the petitioners, having retired, should be pensioned with appropriate re-fixation.
Provisions of Law Cited
Rule 12(7) of Kerala Service Rules Part-I Chapter IIStatute No.72 of Mahatma Gandhi University Statute 1997Rule 44(12) of Part C of Mahatma Gandhi University Statute 1997Rule 57 of Mahatma Gandhi University Statute 1997
Legal Doctrines & Maxims
- Permanent exemption from test qualification for non-teaching staff aged 50 years or more (Rule 57)
- Promotions/continuance in service require compliance with qualifications and Attender's Test as per MG University Statute and KPSC requirements (ratio from Pramod Kumar v. UP Secondary Education Services Commission and Others, 2008 (7) SCC 153)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners argued that their permanent exemption from the obligatory departmental tests is guaranteed by Rule 57 of the MG University Statute 1997 and supported by Rule 44(12) regarding qualification and attender tests, with the PSC's infrequent conduct of attenders tests flowing from the Right to Information and prior judicial interpretations. They claimed that promotions occurred when they served as last-grade staff, and reversions were improper since they had reached the 50-year threshold with exemptions in place. The petitioners urged the court to apply the statutory exemptions and quash reversions, ensuring pensionary benefits by re-fixing pay.
Contentions of Respondents
The respondents contended that MG University Statute requirements include passing the Attender’s Test (or meeting alternative qualifying criteria) even for those aged over 50; without meeting these prerequisites, continuance or promotion cannot be secured. They relied on Pramod Kumar v. UP Secondary Education Services Commission and Others to emphasize that a person lacking qualification cannot be promoted and that exemptions must be narrowly construed. They stated that the orders reverting the petitioners were taken after due processes and that pensionary re-fixation would be as per law, with any excess salary recoverable or adjusted as per the pension reforms.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Pramod Kumar v. UP Secondary Education Services Commission and Others | 2008 (7) SCC 153 | Positive | The court used the Supreme Court precedent to reject the petitioners' claim to exemption, aligning with the principle that lack of required qualifications cannot support retention or promotion without meeting mandatory tests. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
## **TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942**
## **WP(C).No.17944 OF 2015(P)**
## **PETITIONERS :**
- **1 KATHRIKUTTY JOHN AGED 54 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, DEVAMATHA COLLEGE, KURAVILANGADU.**
- **2 JOLLY JOSEPH AGED 51 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ALPHONSA COLLEGE, PALA.**
- **3 LILLIKUKTTY P.A. AGED 52 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ALPHONSA COLLEGE, PALA.**
- **4 MATHEW THOMAS AGED 55 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, KOZHENCHERRY.**
- **5 P.K.PONNAMMA AGED 54 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, KOZHENCHERRY.**
- **6 N.G.VARGHESE AGED 52 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, KOZHENCHERRY.**
- **7 BENNY VARGHESE AGED 54 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, KOZHENCHERRY**
**8 M.P.THOMAS AGED 54 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, KOZHENCHERRY**
**9 VINCENT N.A. AGED 54 YEARS**
**2**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, S.B.COLLEGE, CHANGANASSERY.**
- **10 SHER BAHADOOR AGED 55 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, S.B.COLLEGE, CHANGANASSERY**
- **11 K.V.JOSEPH AGED 55 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, S.B.COLLEGE, CHANGANASSERY**
- **12 T.M.JOSEPH AGED 53 YEARS**
- **WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.JOSEPH'S COLLEGE, MOOLAMATTOM.**
- **13 K.K.VARGHESE AGED 53 YEARS,**
- **WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.JOSEPH'S COLLEGE, MOOLAMATTOM.**
- **14 V.M.GRACY AGED 54 YEARS**
- **WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, CMS COLLEGE, KOTTAYAM.**
- **15 ABRAHAM JOSEPH AGED 52 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, MARTHOMA COLLEGE, THIRUVALLA.**
- **16 ABRAHAM JOSEPH AGED 53 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.THOMAS COLLEGE, RANNI.**
- **17 SACHARIAH K.T. AGED 54 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, BACELLEOUS COLLEGE, KOTTAYAM**
- **18 SABU JOSEPH AGED 54 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**3**
## **ASSISTANT, BACELLEOUS COLLEGE, KOTTAYAM**
**19 JOSEPH JOSPEH AGED 54 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, ST.ALLOTIOUS COLLEGE, EDATHUA. 20 P.S.RAJU AGED 52 YEARS, WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, CATHOLICATE COLLEGE, PATHANAMTHITTA. 21 M.C.JOHN AGED 54 YEARS WORKING AS LIBRARY ASSISTANT/LABORATORY ASSISTANT, S.D.COLLEGE, KANJIRAPPALLY.**
**BY ADVS. SHRI.GEORGE SEBASTIAN SRI.R.SYLESHWAREN NAIR**
## **RESPONDENTS :**
- **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
- **2 THE DIREICTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-695 001.**
- **3 THE DPEUTY DIREICTOR OF COLLEGIATE EDUCATION KOTTAYAM-686 001.**
- **4 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM-686 001.**
**BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).22184/2016(W), WP(C).31912/2015(L) THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**4**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.18119 OF 2015**
## **PETITIONERS :**
|**1**|**C.V. JAMES**|
|---|---|
||**AGED 53 YEARS,**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT,**|
||**ST. ALBERTS COLLEGE,**|
||**ERNAKULAM.**|
|**2**|**V.A. PAUL FELIX**|
||**AGED 54 YEARS,**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT,**|
||**ST. ALBERTS COLLERGE,**|
||**ERNAKULAM.**|
|**3**|**C.D.GEORGE**|
||**AGED 50 YEARS**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT, S**|
||**T. ALBERTS COLLERGE,**|
||**ERNAKULAM.**|
|**4**|**E.M.GEORGE**|
||**AGED 54 YEARS**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT,**|
||**ST. ALBERTS COLLERGE,**|
||**ERNAKULAM.**|
|**5**|**P.A.ABDUL RAZAK**|
||**AGED 54 YEARS**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT, MES ASMABI COLLEGE,**|
||**VEMBALLOOR.P.O.,**|
||**KODUNGALLOOR,**|
||**THRISSUR DISTRICT, PIN - 680 671.**|
**WP(C).No.17944 OF 2015(P) & Conn.cases**
## **5**
|**6**|**E.K.MOHANAN**|
|---|---|
||**AGED 53 YEARS**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT, S.N. COLLEGE, NATTIKA,**|
||**PIN - 680 566.**|
|**7**|**C.C.THRESSIA**|
||**AGED 55 YEARS,**|
||**WORKING AS LIBRARY ASSISTANT/LABORATORY**|
||**ASSISTANT, ST.JOSEPH COLLEGE,**|
||**IRINJALAKKUDA,**|
||**THRISSUR DISTRICT.**|
||**BY ADVS.**|
||**SHRI.GEORGE SEBASTIAN**|
||**SRI.R.SYLESHWAREN NAIR**|
## **RESPONDENTS :**
|**1**|**THE STATE OF KERALA**|
|---|---|
||**REPRESENTED BY THE SECRETARY TO THE DEPARTMENT**|
||**OF HIGHER EDUCATION, SECRETARIATE,**|
||**THIRUVANANTHAPURAM - 695 001.**|
|**2**|**THE DIRECTOR OF COLLEGIATE EDUCATION**|
||**THIRUVANANTHAPURAM - 695 001.**|
|**3**|**THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION**|
||**ERNAKULAM - 682 030.**|
|**4**|**THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION**|
||**THRISSUR - 680 001.**|
|**5**|**THE PRINCIPAL**|
||**ST.ALBRTS COLLEGE, ERNAKULAM - 682 031.**|
|**6**|**THE PRINCIPAL**|
||**M.E.S.ASMABI COLLEGE,**|
||**VEMBALLOOR.P.O., KODUNGALLOOR, THRISSUR**|
||**DISTRICT, PIN - 680 671.**|
|**7**|**THE PRINCIPAL**|
||**S.N.COLLEGE, NATTIKA,**|
||**THRISSUR DISTRICT,**|
||**PIN - 680 566.**|
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**6**
**8 THE PRINCIPAL ST. JOSEPH COLLEGE, IRINJALAKKUDA, THRISSUR DISTRICT - 680 001.**
**BY GOVERNMENT PLEADER BY ADV. SRI.BABU KARUKAPADATH BY ADV. SRI.BABY ISSAC ILLICKAL BY ADV. SRI.ISAAC KURUVILLA ILLIKAL BY ADV. SRI.A.N.RAJAN BABU**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).31912/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**7**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942**
## **WP(C).No.19514 OF 2015**
## **PETITIONERS :**
|**1**|**OMANA M.T.**|
|---|---|
||**AGED 54 YEARS**|
||**W/O LATE THOMAS,**|
||**IMMATTY HOUSE,**|
||**RESIDING AT MARATHAKKARA,**|
||**MOOLAPPAI, OLLUR, THRISSUR DISTRICT,**|
||**PRESENTLY WORKING AS LABORATORY ASSISTANT,**|
||**MERCY COLLEGE, PALAKKAD.**|
|**2**|**GRACY L**|
||**AGED 54 YEARS**|
||**W/O ANTONY P.T.,**|
||**PULIKKOTTIL HOUSE,**|
||**OTHUNGOD, THIRUNELLAI,**|
||**PALAKKAD DISTRICT,**|
||**PRESENTLY WORKING AS LABORATORY ASSISTANT,**|
||**MERCY COLLEGE, PALAKKAD.**|
||**BY ADVS.**|
||**SHRI.GEORGE SEBASTIAN**|
||**SRI.R.SYLESHWAREN NAIR**|
## **RESPONDENTS :**
|**1**|**STATE OF KERALA**|
|---|---|
||**REPRESENTED BY THE SECRETARY TO THE DEPARTMENT**|
||**OF HIGHER EDUCATION,**|
||**SECRETARIATE,**|
||**THIRUVANANTHAPURAM-695001.**|
|**2**|**THE DIRECTOR OF COLLEGIATE EDUCATION**|
||**THIRUVANANTHAPURAM-695001.**|
|**3**|**THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION**|
||**THRISSUR 680001.**|
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**8**
**4 THE PRINCIPAL MERCY COLLEGE, PALAKKAD - 678001.**
**BY ADV. SRI.JAMES ABRAHAM VILAYAKATTU BY GOVERNMENT PLEADER R4 BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).31912/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**9**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.31874 OF 2015**
## **PETITIONER :**
**BABU A.V. AGED 52 YEARS S/O PAILY VARGHESE, ERAYAKKATTUKUZHI, KARUKAPPALLY, WORKING AS LABORATORY ASSISTANT, ST.PETER'S COLLEGE, KOLENCHERY.**
**BY ADVS. SHRI.GEORGE SEBASTIAN SRI.R.SYLESHWAREN NAIR**
## **RESPONDENTS :**
**1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM - 682031. 4 THE PRINCIPAL ST.PETER'S COLLEGE, KOLENCHERY, PIN:682311. R1 BY GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).31912/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**10**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942**
**WP(C).No.31896 OF 2015**
## **PETITIONERS :**
**1 MATHEW UTHAPPU LABORATORY ASSISTANT, SECRED HEART COLLEGE, THEVARA, KOCHI - 682 013. 2 SEBASTIAN M.V LABORATORY ASSISTANT, SECRED HEART COLLEGE, THEVARA, KOCHI - 682 013.**
**BY ADVS. SRI.T.B.HOOD SRI.AMAL KASHA SMT.M.ISHA**
## **RESPONDENTS :**
**1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVRENMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695 001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION GANDHI NAGAR, KADAVANTHARA, ERNAKULAM-682020. 4 THE PRINCIPAL SECRED HEART COLLEGE, THEVARA, KOCHI - 682 013. BY GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31911/2015(L), WP(C).31912/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**11**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.31911 OF 2015**
## **PETITIONERS :**
**1 S.K. SUDHI AGED 52 YEARS WORKING AS LABORATORY ASSISTANT, S.N.M COLLEGE, MALIANKARA, RESIDING AT SRAMBIKKAL HOUSE, CHETTIKKADU, KUNJITHAI.P.O, NORTH PARAVOOR. 2 K.L.LEELA. AGED 51 YEARS WORKING AS LABORATORY ASSISTANT, S.N.M COLLEGE, MALIANKARA, RESIDING AT VELASSERRY HOUSE, KOTTUVALLIKKADU, MOOTHAKUNNAM, NORTH PARAVOOR. 3 M.S.BEENA AGED 55 YEARS WORKING AS LABORATORY ASSISTANT, S.N.M COLLEGE, MALIANKARA, RESIDING AT VAVAKKADU, MOOTHAKUNNAM P.O., NORTH PARAVOOR. 4 V.B.DILEEP KUMAR AGED 52 YEARS WORKING AS LABORATORY ASSISTANT, S.N.M COLLEGE, MALIANKARA, RESIDING AT VELASSERRY HOUSE, KOTTUVALLIKKADU, MOOTHAKUNNAM, NORTH PARAVOOR. BY ADVS. SRI.GEORGE SEBASTIAN SRI.R.SYLESHWAREN NAIR**
**RESPONDENTS :**
**1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**12**
# **OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**2 THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-695001.**
**3 THE DEPUY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM-682031.**
**4 THE PRINCIPAL SNM COLLEGE MALIANKARA, MOOTHAKUNNAM, PIN-683516.**
## **BY GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31912/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**13**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.31912 OF 2015**
## **PETITIONER :**
**BABY THOMAS P AGED 54 YEARS, S/O. THOMAS, PARAPPURAM HOUSE, KOOVAPPADY P.O.AYATHUPADY, PERUMBAVOOR, WORKING AS LABORATORY ASSISTANT, U.C. COLLEGE, ALUVA. BY ADVS. SHRI.GEORGE SEBASTIAN SRI.R.SYLESHWAREN NAIR**
## **RESPONDENTS :**
**1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HIGHER EDUCATION, SECRETARIATE, THIRUVANANTHAPURAM -695001. 2 TH DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM - 682031. 4 THE PRINCIPAL U.C. COLLEGE, ALUVA - 683101.**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).22184/2016(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17944 OF 2015(P) & Conn.cases**
**14**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942 WP(C).No.22184 OF 2016**
## **PETITIONER :**
**LALJI JOHN THOMAS AGED 53 YEARS, S/O T.J THOMAS, THAMARAVAYALIL HOUSE, U.C. COLLEGE P.O, ALUVA 683 102.**
**BY ADVS. SHRI.GEORGE SEBASTIAN SRI.JOHNSON K.KURIEN SRI.C.PAULOSE**
## **RESPONDENTS :**
**1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM 695 001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM 682 011. 4 THE PRINCIPAL U.C. COLLEGE, ALUVA 683 101. BY GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH WP(C).17944/2015(P), WP(C).18119/2015(L), WP(C).19514/2015(L), WP(C).31874/2015(H), WP(C).31896/2015(J), WP(C).31911/2015(L), WP(C).31912/2015(L),THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**15**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **JUDGMENT**
[ WP(C).17944/2015, WP(C).18119/2015, WP(C).19514/2015, WP(C).31874/2015, WP(C).31896/2015, WP(C).31911/2015, WP(C).31912/2015, WP(C).22184/2016, ]
## **Dated this the 9th day of March 2021**
The captioned writ petitions are disposed of by this common judgment as common questions of fact and law are involved. Succinctly, the facts in brief are; petitioners have been working as Laboratory Assistants/Library Assistants in various private aided colleges affiliated to Mahatma Gandhi University - 4[th] respondent and had crossed the age of 50 years as evidenced from the date of birth enumerated in various writ petitions.
2. Learned counsel appearing on behalf of the petitioners submitted that as per the proviso to statute 44(12) of Mahatma Gandhi University Statute 1997, continuance of the petitioners in the post of Library Assistants/Laboratory Assistants was subject to their passing in one of the five consecutive attenders' test conducted by Kerala Public Service Commission for the last grade staff of private colleges. Thus, for all intents and purposes the attenders test conducted by the Public Service Commission would come within the purview of obligatory departmental test as
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **16**
explained in Rule 12(7) of Kerala Service Rules Part-I Chapter II. Statute No.72 of Mahatma Gandhi University Statute 1997 and the rules contained in Rules 1 and 2 of Kerala Service Rules apply to the non-teaching staff of private colleges. A conjoint reading of the statutes and the explanation makes it clear that the petitioners are permanently exempted from passing the obligatory departmental test as promotions were made when they were working as last grade staff in the regular colleges. Kerala Public Service Commission did not conduct the attenders test frequently as per the information received under the Right to Information Act. Vide Ext.P2 the reversion of the petitioners was ordered on account of having not undergone the attenders test. Such action was assailed in this Court and there was interim stay. All the petitioners, during the pendency of the writ petition and interim order, retired.
3. Rule 57 of the aforementioned statute also grant exemption from undergoing the obligatory test in case the employees are above the age of 50 years reliance of Rule as sought for by the respondents would not be applicable. Conditions enumerated in clause 44 of 72 would also not apply.
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **17**
4. On the other hand Sri.B.Harishkumar, learned Government Pleader submitted that the aforementioned Rule prescribes the qualifications to be appointed as Library Assistants/Laboratory Assistants that they have to pass in Form III (Std.VII new) or equivalent and pass attender test conducted by Kerala Public Service Commission or 5 years of regular service under Private Colleges, provided that the last grade staff who possess qualifications mentioned above except pass in attender test and are in service, will be eligible for appointment in the order of seniority. Their continuance in Lab/Laboratory Assistant was subject to their pass in one of the five consecutive attender tests conducted by Kerala Public Service commission. Government instructed the Director of Collegiate Education and Deputy Director of Collegiate Education to ensure the strict compliance of the directions for reverting the petitioners. After the appointment of the petitioners, the Public Service Commission conducted test five times but the petitioners did not pass .Though the salary enjoined by the unqualified hands need not be recovered, but their pay shall be required to be re-fixed if they had not been promoted and it would definitely have effect
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **18**
on the pensionary benefits too. In this regard, a circular bearing No.E1/530/18 dated 21.02.2018 was issued by the Government. Petitioners cannot claim the exemption as sought for in view of the ratio decidendi culled from the Hon'ble Supreme Court in
_**Pramod Kumar v. UP Secondary Education Services Commission and Others**_ [2008 (7) SCC 153] wherein it was held that a person failed to have a qualification cannot be promoted and urges this Court for dismissal of this writ petition.
5. I have heard the learned counsel for the parties and appraised the paper book.
6. Rule 44(12) of Part C of Mahatma Gandhi University Statute 1997 deals with a minimum qualification for various categories of non-teaching staff in private colleges as SSLC or equivalent with pass the written test as conducted by Kerala Public Service Commission. The same reads as under:
12. Library Assistants/ SSLC or equivalent with a pass in Laboratory Assistants Attender's Test conducted by the Kerala Public Service Commission. Technical qualification or experience required in the particular section, department or institution: 1) Pass in Form III (Std.VII new) or equivalent
2) Pass in Attender's Test conducted by the Kerala Public
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **19**
**==> picture [189 x 141] intentionally omitted <==**
Service Commission
## or
1) Five years regular service under private Colleges
2) Pass in Attender's test conducted by the Kerala Public Service Commission
7. No doubt the petitioners while working as first grade were promoted as library assistants but had to undergo the test which, as per the stand of the respondents, is being held by Kerala Public Service Commission. In one of the writ petitions, W.P(C) No.15891/2015, a statement has been made by the learned counsel that the petitioner regarding accord of benefit. The said writ petition is dismissed as infructuous. The Government cannot adopt pick and choose policy by granting the benefits to few and denythe same to others. I cannot remain unmindful of applicability of Rule 57 where the permanent exemption from test qualification has been granted, the same reads as under:
**“Permanent exemption from test qualification:-** All members of the non-teaching staff of private colleges who have attained the age of 50 years shall stand permanently exempted from passing the obligatory departmental tests as in the case of Government servants.”
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## **WP(C).No.17944 OF 2015(P) & Conn.cases**
Rule 72 of the 1997 statute no doubt stipulates that Kerala Service Rules would be applicable to non-teaching staff but the one relied upon would not take away the right of the petitioners but the exemption as granted would not permit the respondents to revert the petitioners. Since the petitioners have already retired, the respondents in view of the verdict of this Court cannot recover the excess salary but can definitely re-fix the pensionary benefits after re-fixing the pay. The reversion orders are quashed. These writ petitions are allowed. Consequential pensionary benefits of the petitioners were also be disbursed within a period of two months from the receipt of certified copy of this judgment.
**Sd/-**
**AMIT RAWAL**
**JUDGE**
nak
**21**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **APPENDIX OF WP(C) 17944/2015**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1**
**TRUE COPY OF THE INFORMATION DATED 30/5/2011 ISSUED FROM THE STATE INFORMATION OFFICER OF THE KERALA PUBLIC SERVICE COMMISSION.**
**EXHIBIT P2**
**TRUE COPY OF THE COMMUNICATION DATED 28/3/2015 BEARING NO.756/D3/15/H.EDN ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT**
**EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 13/4/2015 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT**
**EXHIBIT P4**
**TRUE COPY OF THE NOTICE DATED 4/6/2015 ISSUED BY THE MANAGER OF THE DEVAMATHA COLLEGE, KURAVILANGADU TO THE 1ST PETITIONER**
**EXHIBIT P5**
**TRUE COPY OF THE NOTICE DATED 27/5/2015 ISSUED TO THE 4TH PETITIONER BY THE PRINCIPAL OF ST.THOMAS COLLEGE, KOZHANCHERRY.**
**EXHIBIT P6 TRUE COPY OF THE ORDER DATED 29/5/2015 IN WPC NO.15891/2015.**
**RESPONDENT(S) EXHIBITS :- NIL**
**22**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **APPENDIX OF WP(C) 18119/2015**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 28-3-2015 BEARING NO 756/D3/15/H.EDN ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT**
**EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 13-4-2015 ISSUED BY THE 2ND RESPONDENT**
**EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 15-62015 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER**
**EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 15-062015 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER**
- **EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 15-062015 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER**
- **EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 15-62015 ISSUED BY THE 5TH RESPONDENT TO THE 4TH PETITIONER**
**EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 29-052015 IN WP(C) 15891/2015**
## **RESPONDENT(S) EXHIBITS :- NIL**
**23**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **APPENDIX OF WP(C) 19514/2015**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 28.3.2015 BEARING NO.756/D3/15/H.EDN ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT.**
**EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 13.4.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 29.5.2015 IN WPC 15891/2015.**
**RESPONDENT(S) EXHIBITS :- NIL**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**24**
## **APPENDIX OF WP(C) 31874/2015**
**' - PETITIONER S/S EXHIBITS :**
**EXHIBIT P1**
**A TRUE COPY OF THE COMMUNICATION DATED 28.3.2015 BEARING NO.756/D3/15/H.EDN ISSUED TO THE IST RESPONDENT TO THE 2ND RESPONDENT.**
**EXHIBIT P2**
**A TRUE COPY OF THE COMMUNICATION DATED 13.4.2015 ISSUED BY THE 2ND RESPONDENT.**
**EXHIBIT P3**
**A TRUE COPY OF THE COMMUNICATION DATED 6.10.2015 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.**
**EXHIBIT P4**
**A TRUE COPY OF THE ORDER DATED 29.5.2015 IN WPC 15891/2015.**
**EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 14.9.2015 IN WPC 17944/2015.**
**RESPONDENT(S) EXHIBITS :- NIL**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**25**
## **APPENDIX OF WP(C) 31896/2015**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 28.03.2015 SENT BY THE 1ST RESPONDENT TO THE 2ND AND 3RD RESPONDENTS.**
**EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 13.04.2015 SENT BY THE 2ND RESPONDENT TO ALL THE DEPUTY DIRECTORS OF COLLEGIATE EDUCATION. EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 20.07.2015. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 14.09.2015 IN WRIT PETITION (CIVIL) NO.18119/2015.**
**' - RESPONDENT S/S EXHIBITS :**
**EXHIBIT R3(A) TRUE COPY OF THE LETTER FROM KERALA PSC EXHIBIT R3(B)&(C) TRUE COPY OF THE CIRCULAR NO E1/530/18 EXHIBIT R3(D) TRUE COPY OF THE GOVT LETTER NO.D3/411/2016H EDN DATED 3.10.2017**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**26**
## **APPENDIX OF WP(C) 31911/2015**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1**
**A TRUE COPY OF THE INFORMATION DATED 30/05/2011 ISSUED FROM TBHE STATE INFORMATION OFFICER OF THE KERALA PUBLIC SERVICE COMMISSION.**
**EXHIBIT P2**
**A TRUE COPY OF THE COMMUNICATION DATED 28/03/2015 BEARING NO.756/D3/15/H.EDN ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.**
**EXHIBIT P3**
**A TRUE COPY OF THE COMMUNICATION DATED 13/04/2015 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.**
- **EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 06/10/2015 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.**
**EXHIBIT P5**
**A TRUE COPY OF THE ORDER DATED 29/05/2015 IN WP(C)15891/2015.**
**EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER DATED 14/09/2015 IN WP(C)17944/2015.**
**RESPONDENT(S) EXHIBITS :- NIL**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
**27**
## **APPENDIX OF WP(C) 31912/2015**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1**
**A TRUE COPY OF THE COMMUNICATION DATED 28-03-2015 BEARING NO.756/D3/15/H.EDN. ISSUED TO THE 1ST RESPONDENT TO THE 2ND RESPONDENT.**
**EXHIBIT P2**
**A TRUE COPY OF THE COMMUNICATION DATED 13-04-2015 ISSUED BY THE 2ND RESPONDENT.**
**EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 06-10-2015 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.**
**EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 29-052015 IN WPC 15891/2015**
**EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 14-092015 IN WPC 17944/2015/**
## **RESPONDENT(S) EXHIBITS :- NIL**
## **WP(C).No.17944 OF 2015(P) & Conn.cases**
## **28**
## **APPENDIX OF WP(C) 22184/2016**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1**
**A TRUE COPY OF THE COMMUNICATION DATED 28-03-2015 BEARING NO 756/D3/15/H.EDN ISSUED TO THE 1ST RESPONDENT TO THE 2ND RESPONDENT.**
**EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 13-04-21015 ISSUED BY THE 2ND RESPONDENT.**
**EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 06-10-2015 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.**
**EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 29-052015 IN WP(C) 15891/2015**
**EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 14-092015 IN WP(C) 17944/2015**
## **RESPONDENT(S) EXHIBITS :- NIL**