JUDGMENT : The petitioners in these two cases – which are hypostatised on similar factual assertions and seek similar reliefs – are persons who were directly recruited as Lab Assistants in the services of “Bishop Moore College, Mavelikkara” and “Sree Sankara Vidyapeetom College, Perumbavoor”. 2. As per “The Conditions of Service of Teachers and Members of Non Teaching Staff – First Statutes, 1979 of the University of Kerala, (hereinafter referred to as “First Statutes” for short), the qualifications requisite for a person to be appointed as a Laboratory Assistant is either a pass in Standard VII or equivalent, or five years of regular service in private colleges; along with pass in “Attenders Test”, conducted by the Public Service Commission. 3. It is undisputed that, for every candidate who is appointed as a Laboratory Assistant, three chances are granted statutorily to pass the “Attenders Test”, and that if this is done, then they would retain the seniority in the said post, notwithstanding that somebody else had cleared the same earlier. 4. While so, positions of Lower Division Clerk (LDC) either arose or were created in the respective Colleges, and the petitioners were all promoted to the same by the Managements, nevertheless that they had not yet cleared the “Attenders Test” mentioned above. 5. This is the genesis of the controversy in this case because, the statutory Educational Authorities, including the Government, took the stand that only those who had cleared the “Attenders Test” while being a Lab Assistant, could be considered for promotion as LDC and to be granted it. 6. Resultantly, Ext.P20 order in WP(C) No.2717/2021 was issued, wherein, promotions of the petitioners therein were denied approval; while Ext.P11 was issued as regards the petitioners in WP(C) No.12371/2020, setting aside their order of approval of promotions to such post, earlier granted. These orders are now impugned. 7. I have heard Sri. Babu Varghese – learned Senior Counsel, instructed by Sri. Abhay Ferdinand, appearing for the petitioners in WP(C) No.2717/2021; Sri. Sudhin Kumar – learned counsel for the petitioner in WP(C) No.12371/2020, Sri. K.R. Ganesh appearing for the respondents in WP(C) No.2717/2021 and Sri. V. Venugopal – learned Government Pleader appearing or the official respondents in all these cases. 8. Babu Varghese – learned Senior Counsel, instructed by Sri. Abhay Ferdinand, appearing for the petitioners in WP(C) No.2717/2021; Sri. Sudhin Kumar – learned counsel for the petitioner in WP(C) No.12371/2020, Sri. K.R. Ganesh appearing for the respondents in WP(C) No.2717/2021 and Sri. V. Venugopal – learned Government Pleader appearing or the official respondents in all these cases. 8. As evident from the afore narrative of facts, the crucial question for consideration is whether the promotion of the petitioners in these two cases as LDC by the respective managements, even before they had cleared the “Attenders Test” in the post of Laboratory Assistant, is improper or otherwise. 9. For an evaluation of the afore issue, one must certainly have a look at Chapter III of the “First Statutes”, particularly Clauses 41(12) and 41(5) thereof; which are extracted below for such purpose : “Section 41(5) Lower Division Clerk/Lower Division Store Keeper/Lower Division Accountant S.S.L.C. or equivalent qualification and with a pass in the Manual of Office Procedure for earning, the third increment. [The non-clerical staff like Library/ Laboratory Assistants, Gasmen/Specimen Collectors, Last Grade Staff who have 5 years service with S.S.L.C. and have passed the Clerical Test conducted by the Public Service Commission may be promoted on the basis of common seniority in Lower cadre. Herbarium Keeper/Taxidermist who have 3 years service with S.S.L.C. and have passed the Clerical Test conducted by the Public Service Commission may be promoted on the basis of common seniority in the lower cadre. Lower Division Typists with S.S.L.C. and have passed Clerical Test conducted by the Public Service Commission may be promoted on the basis of common seniority in the lower cadre]. Qualified hands if available, shall be given preference before recruiting persons from outside: Section 41(12) Laboratory Assistant/Library Assistant For appointment by transfer from members of Last Grade Staff and specimen collectors employed in the Private College/Colleges. 1. Pass in Form III (Std VII new) or equivalent 2. Pas sin Attenders Test conducted by the Kerala Public Service Commission OR Five years regular Service under Private Colleges. Pass in Attenders Test conducted by the Kerala Public Service Commission. 1. Pass in Form III (Std VII new) or equivalent 2. Pas sin Attenders Test conducted by the Kerala Public Service Commission OR Five years regular Service under Private Colleges. Pass in Attenders Test conducted by the Kerala Public Service Commission. [ Provided that the last grade staff who possess the qualifications mentioned above excepting pass in Attender's test and who were either in service on 31-03-1971 or who are in regular permanent service will be eligible for appointment continuance as [Laboratory Assistants/Library Assistants) shall however be subject to their passing in one of the five consecutive Attender's Tests conducted by the Kerala Public Service Commission for the last grade staff and speciman collectors] of Private Colleges). Such of those who remain unqualified in the Attender's test even after five consecutive chances shall be reverted to their original posts [and those who entered in service prior to 1-9-1972 shall be exempted from passing the Attenders Test] Provided further that those who have been appointed as '[Laboratory Assistant/Library Assistants] before 16.1.1975 by direct recruitment by Provided the Educational Agencies concerned for want of qualified hands for promotion from among the last grade servants shall continue as such subject to the condition that they pass the eligibility test which the Kerala Public Service Commission may conduct in accordance with such orders as the Government may issue.” 10. The former clause deals with Laboratory Assistant/Library Assistant; while the latter with Lower Division Clerk/Lower Division Store Keeper/Lower Division Accountant. 11. As far as Laboratory Assistant/Library Assistant is concerned, the imperative qualification required is either a pass in Standard VII, or five year regular service in Private Colleges; coupled with a pass in the 'Attenders test' conducted by the Kerala Public Service Commission. 12. When it comes to the Lower Division Clerk/Lower Division Store Keeper/Lower Division Accountant, promotion from the category of Laboratory Assistant is also stipulated, with an additional condition that their continuance in such position shall be subject to passing in one of the four consecutive annual competitive tests conducted by the Kerala Public Service Commission for low paid employees. 13. Obviously, therefore, the requirement to pass the “Attenders Test” is a sine qua non for confirmation in the post of Laboratory Assistant and not in the post of LDC. 14. 13. Obviously, therefore, the requirement to pass the “Attenders Test” is a sine qua non for confirmation in the post of Laboratory Assistant and not in the post of LDC. 14. In the cases at hand, it is without contest that petitioners are educationally qualified, but that they did not clear their “Attenders Test”, until such time as they were promoted as LDC. But it is also pertinent that they had only attended two chances of such Test and had one more available to them, at the time when their promotions were considered and granted. 15. Axiomatically, the vital issue that ought to have engaged the minds of the educational Authorities, as also the Government, was whether a person who was working as a Laboratory Assistant, but without having passed the “Attenders Test”, would loose seniority for that reason, thus enabling their juniors to obtain a march over them for the purpose of promotion to LDC, or to the contrary. 16. As I have said above, the requirement for passing the “Attenders Test” is an imperative one only for the post of Laboratory Assistant and not for LDC. Admittedly, there is nothing in the applicable provisions or in the First Statutes, which render it imperative that only a person who has cleared the “Attenders Test” in the post of Laboratory Assistant be considered for promotion to that of LDC. In fact, even the learned Government Pleader expressly acceded to this, but argued that has to be so read in the “First Statutes”. 17. I am afraid that the afore argument of the learned Government Pleader cannot find my favour because, when the seniority of persons in the post of Laboratory Assistant cannot be altered solely because some of them had cleared the “Attenders Test” later, obviously, their chances of promotions can also be not affected for this reason alone. 18. When it is without any dispute – it being expressly admitted – that all the petitioners had necessary qualifications for being promoted as LDC, albeit, they not having cleared the “Attenders Test” while working as Laboratory Assistants, it will be impermissible to hold that they would loose their seniority and that their juniors in the seniority list of Laboratory Assistants would obtain a march over them for this sole reason. 19. 19. That apart, it is today submitted by the learned Senior Counsel and counsel for the petitioners that their clients, save one, have now passed the Attenders Test in the third chance. I am, therefore, of the firm view that, as regards those petitioners who have now cleared the “Attenders Test” through their third chance, their promotions as LDC will have to be approved and granted imprimatur. 20. Before I conclude, I notice that In W.P. (C)No.2717/2021 the petitioners were promoted as per Exhibits P7 and P7(a), but that the Deputy Director refused concurrence to it through Exhibit P8 saying that they had not completed five years of service at that time. It is on record that the petitioners then submitted Exhibit P9 representation, leading to Exhibits P10 and P10(a) promotion orders being issued, after completion of five years in service. 21. The learned Senior Counsel for the petitioner argued that, in fact, Exhibit P8 was improper because, going by the afore extracted provisions of chapter 3 of the First Statutes, his clients were required to have either a pass in Standard VII or five year regular service in private colleges, along with a pass in Attender's Test. He argued that his clients had already passed the 8th standard when they were initially appointed and therefore, could not have been denied promotion solely for the reason that they had not completed five years regular service. He thus prayed that petitioners in these writ petitions be directed to grant approval by the competent authority from the date of their initial appointment. 22. When I examine the afore request, it is ineluctable that the statutory qualifications only stipulate that a candidate either have passed Standard VII or completed five years of regular service in private colleges. Since the respondents also concede that the petitioners in W.P. (C)No.2717/2021 had passed Standard VII even when they were initially appointed, one fails to understand why their promotions had been interdicted saying that they had not completed five years of regular service. In fact, the learned Government Pleader Sri. V. Venugopal conceded that since the petitioners had passed Standard VII, it was sufficient as per the First Statutes In the afore circumstances, I allow these Writ Petitions and set aside Ext.P20 in WP(C) No.2717/2021 and Ext.P11 in WP(C) No.12371/2020; however, solely as regards those petitioners who have now cleared the “Attenders Test” through third chance. V. Venugopal conceded that since the petitioners had passed Standard VII, it was sufficient as per the First Statutes In the afore circumstances, I allow these Writ Petitions and set aside Ext.P20 in WP(C) No.2717/2021 and Ext.P11 in WP(C) No.12371/2020; however, solely as regards those petitioners who have now cleared the “Attenders Test” through third chance. Axiomatically, the promotions of such petitioners shall be approved by the Competent Authority from the date of such promotions within a period of one month from the date of receipt of this judgment. It is, however, clarified that while the afore is done, the rights of the party respondent in WP(C) No. 2717/2021, as reflected in Ext.P20 therein, would not be affected, though he would not obtain any seniority over the qualified petitioners therein, either in the post of Laboratory Assistant or in the post of LDC. As regards the petitioner who has not cleared the “Attenders Test” as of today, namely the third one in WP(C) No.12371/2020, he will be allowed to continue provisionally in the post of LDC consequent to his promotion, but will be granted salary and benefits only in the scale of Laboratory Assistant; and his approval will be considered only after he clears the “Attenders Test” through third permissible chance. Should he not clear it then, obviously, the consequences of reversion will apply, as is warranted in law.