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1999 DIGILAW 646 (KER)

Praveenlal v. Saibunnies Beevi

1999-12-07

ARIJIT PASAYAT, K.S.RADHAKRISHNAN

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Judgment :- Arijit Pasayat, C.J. Heard. 2. All these Writ Appeals involve common point of dispute and are directed against common judgment delivered in respect of O.P. Nos. 8754,14817 and 15930 of 1994. Petitioners and respondent No. 4 (Dr. Praveenlal) in the Original Petitions were Tutors in the Medical Colleges in the Speciality of Psychiatry. Select list prepared by the Departmental Promotion Committee (in short'the D.P.C.) was challenged by respective petitioners in the Original Petitions, on the ground that Dr. Praveenlal who has been assigned the date 28.7.1983 for promotion to the post of Assistant Professor in the Department of Psychiatry was not correctly placed. Objection to such assignment was on the ground that he was not qualified as on that date. Though respective petitioners in the Original Petitions who are respondents in the concerned Writ Appeals requested the D.P.C. for reconsideration, same was not accepted. 3. The factual background of dispute as projected by the parties relates to the date of qualification of Dr. Praveenlal, appellant in each case. Government Order Ext. P1 to the Original Petitions prescribed teaching experience as a qualification for the teaching staff in Medical Colleges. Paragraph 4 thereof reads: "Teaching experience gained simultaneously during the training for the first basic recognised post-graduate qualification will not count..." Petitioners in the Original Petitions took the stand that Dr. Praveenlal underwent the first basic recognised post-graduate qualification during the period from 17.12.1980 to 16.2.1983 and this period was to be excluded. Dr. Praveenlal took the stand that the case at hand was one where R.28(b)(i)(13), Part II of the Kerala State and Subordinate Service Rules, 1958 (in short'the K.S.S.R.') was applicable. D.P.C. was also of the same view. Seniority was also considered to be a factor for considering Dr. Praveenlal as eligible. 4. Learned Single Judge accepted the stand of petitioners in the Original Petitions to the extent that Dr. Praveenlal was not qualified. It was held that there was no power available under R.28(b)(i)(13) to relax minimum required qualification and experience. Accordingly the prayers were accepted and it was held that Dr. Praveenlal was not eligible to be considered. 5. In support of the Writ Appeals, it has been submitted that subsequently there has been a relaxation by G.O. dated 18.2.1985 (Ext. It was held that there was no power available under R.28(b)(i)(13) to relax minimum required qualification and experience. Accordingly the prayers were accepted and it was held that Dr. Praveenlal was not eligible to be considered. 5. In support of the Writ Appeals, it has been submitted that subsequently there has been a relaxation by G.O. dated 18.2.1985 (Ext. P3 to the Original Petitions) which clearly shows that teaching experience gained by Tutors during the Tutor trainee period will be counted as teaching experience for promotion as Assistant Professor. This provision, according to learned counsel for appellant Dr. Praveenlal, operates so far as he is concerned, and by including the period of training, the eligibility criteria was satisfied. 6. Learned counsel appearing for the respective respondents who had challenged the selection of Dr. Praveenlal took the stand that the G.O. dated 18.2.1985 had no retrospective operation and therefore it does not help Dr. Praveenlal. Accordingly it is submitted that the power of relaxation cannot in any way relax the minimum requisite qualification/ experience and, therefore, learned Single Judge was justified in his conclusions. 7. We shall first deal with applicability of Part II R.28(b)(i)(13) of K.S.S.R. Same reads as follows: R.28(b)(i)(13). Candidates belonging to Scheduled Castes and Scheduled Tribes shall not be superseded for appointment to selection categories or grades by the application of too rigid a standard of suitability. The Departmental Promotion Committees may consider the case of such candidates sympathetically by relaxing the standard of suitability where possible, and only the claims of those whom the committee considers unsuitable even by the relaxed standards should be superseded for appointment to such selection categories or grades". A bare reading of the provision shows that it relates to non-desirability to have a too rigid standard of suitability so far as candidates belonging to Scheduled Castes and Scheduled Tribes are concerned and the D.P.C. may consider the case of such candidates by relaxing the standard of suitability. The standard of suitability may relate to a question whether a person is suitable; but relaxation of the minimum necessary qualification for the post is not permissible. In order to be eligible to be considered, the candidate must possess the minimum prescribed qualification. The D.P.C. or for that matter no other authority has the power to relax the minimum qualification prescribed. In order to be eligible to be considered, the candidate must possess the minimum prescribed qualification. The D.P.C. or for that matter no other authority has the power to relax the minimum qualification prescribed. Learned Single Judge was therefore justified in his conclusion that R.28(b)(i)(13) does not help Dr. Praveenlal in any manner. 8-. So far as the applicability of Ext. P3 to the Original Petitions is concerned, Government Order itself made it clear that it will not operate retrospectively. That being the position, the said Government Order has no application, as, in the present case, vacancy arose prior to the date of the Government Order and consideration was to be done vis-a-vis the Government Order which held the field, ie., Ext. P1 to the Original Petitions. On that score also appellant Praveenlal has not made out a case for interference with the judgment of learned Single Judge. However, it is clearly accepted by learned counsel for the parties that after acquiring the necessary qualification, promotion has been given to appellant Dr. Praveenlal. That is a matter which is not connected with the subject-matter of dispute. It is open to the D.P.C. to consider eligibility of candidates and pass appropriate orders without affecting the selection of persons who were qualified by the date prescribed for selection. Writ Appeals are disposed of accordingly.