Judgment :- K.A. Abdul Gafoor, J, 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. The petitioner was Lab Assistant in the service of the 4th respondent private college affiliated to the third respondent University. 'The third respondent University was established in the Mahatma Gandhi University Act, 1985. The petitioner possesses qualifications of S.S.L.C., K.G.T.E, Lower in English Typewriting and three years experience as Lab Assistant. The first statute issued governing the service conditions of the private college teachers and ministerial staff was quashed by a Division Bench of this Court as per the decision reported in Nair Service Society v. State & Ors. 1992 (1) KLJ 765). Thus, as at present, there is no first statute framed under the Mahatma Gandhi University Act, 1985. The said Act contains a provision in S.99(2) as follows: "Notwithstanding any tiling contained in sub-s.(1) all statutes and Ordinances made under the Kerala University Act, 1974 and in force on the date of commencement of this Act shall in so far as they are not in consistent with the provisions of this Act continue to be in force in respect of the areas referred to in sub-s.(1) until they are replaced by the Statutes and Ordinances to be made under this Act". (emphasis supplied) In terms of this, the first statutes issued under the Kerala University Act, 1974 "in force on the date of commencement of this Act" shall apply to the Mahatma Gandhi University. (emphasis supplied) In terms of this, the first statutes issued under the Kerala University Act, 1974 "in force on the date of commencement of this Act" shall apply to the Mahatma Gandhi University. According to the petitioner, as per the Kerala University First Statutes, K.G.T.E. Malayalam Typewriting is not an essential qualification for being promoted as L.D. Typist. Such an amendment was brought into that statute only as per the notification dated 20.6.1996. What is made applicable to the Mahatma Gandhi University as per S.62 of the Mahatma Gandhi University Act is the Kerala University First Statutes "in force on the date of commencement of this Act". Obviously, the 1996 amendment making K.G.T.E. Lower in Malayalam Typewriting as an obligatory qualification for promotion as L.D. Typist is not a provision in the statute "in force on the date of commencement" of the Mahatma Gandhi University Act, 1985. Therefore, the amendment made to the Kerala University First Statutes making the said qualification obligatory for promotion as L.D. Typist cannot have any application to the ministerial staff in the private colleges affiliated to the Mahatma Gandhi University, 4. It is also the contention of the University that Ext. P7 amendment had been brought to the Mahatma Gandhi University First Statutes with effect from 5.8.1992. But, it was an amendment to the Mahatma Gandhi University First Statutes, 1991. It was later found to be illegal by this Court. Therefore, when the parent statute was found to be illegal and set aside, the amendment thereto has no separate existence. Therefore, on the strength of Ext. P7, the University or the Director of Collegiate Education cannot contend that K.G.T.E. Malayalam Typewriting is not an essential qualification for Promotion as L.D, Typist. 5. 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. 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. 6. When such a qualification is not prescribed as mentioned above, the orders contained in Exts. P2 and P8 that the petitioner's promotion and appointment as L.D. Typist cannot be approved as he lacks such a qualification cannot be sustained. Exts. P2 and P8 are, accordingly, quashed. the second respondent, Director of Collegiate Education shall consider the approval of appointment of the petitioner without insisting for K.G.T.E. Lower in Malayalam Typewriting. The Original Petition is allowed to the above extent.