Research › Search › Judgment

Kerala High Court · body

2025 DIGILAW 1353 (KER)

Josmi Jose W/o. Sudheesh v. Kerala Veterinary And Animal Sciences University

2025-05-22

D.K.SINGH

body2025
JUDGMENT : D. K. Singh, J. Petitioners were employed as labourers in the 1 st respondent University and its Instructional Livestock Farm Complex (ILFC), Pookode. The petitioners’ services were regularized by the University with effect from 01.01.2017. 2. The promotion available to the petitioners is Farm Assistant Grade II, for which the person must possess prescribed qualifications as per item No.87, Schedule I to the Kerala Veterinary University First Statute. For internal selection, the incumbent has to pass Plus Two or its equivalent and Diploma in Livestock Management from a recognized Institution approved by the Government. The Diploma course is also conducted by the 1 st respondent. The 1 st respondent University has 32 seats for Diploma course in Livestock Management. 3. Against the 32 seats of the Diploma course in Livestock Management, the University invited applications from Class III and Class IV permanent labourers of the post on 02.10.2024. If Class III and Class IV labourers get the Diploma certificate from the University or any other recognized institutions, then only they would become eligible for promotion to the post of Farm Assistant Grade II. 4. Initially, after scrutinizing the applications, 58 persons were found to be ineligible as they were said to be overqualified to pursue Diploma in Livestock Management from the University. The said overqualified candidates approached this Court in W.P(C.) Nos.46758 and 46678 of 2024 against their exclusion from participating in the examination to include themselves in the Diploma in Livestock Management offered by the University. While these writ petitions were pending before this Court, the University permitted these 58 persons, who were said to be disqualified because of their over qualification and the result was declared, and the classes of Diploma course in Livestock Management have been started in the University since 24.03.2025. The petitioners have now approached this Court in these two writ petitions for following prayers: i. Issue a Writ of Mandamus or any such appropriate Writ, Direction or Order, directing the respondents to enlarge the number of seats for the Diploma and Live- stock Management Course conducted by the 1st Respondent as per Exhibit P-1 notification; ii. Issue a Writ in the nature of Mandamus, or such other appropriate Writ, Order or Direction, the respondents to enroll and admit the petitioners in the Diploma and Livestock Management Course conducted by the 1st Respondent as per Exhibit P1 notification. iii. Issue a Writ in the nature of Mandamus, or such other appropriate Writ, Order or Direction, the respondents to enroll and admit the petitioners in the Diploma and Livestock Management Course conducted by the 1st Respondent as per Exhibit P1 notification. iii. Dispense with the English Translation of Vernacular Documents. iv. Pass such other orders as this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case. As the examination is already over and there are only limited seats, that is 32, a direction cannot be issued to the University to hold any other examination inasmuch as there is no vacant seat. Therefore, I find no substance in these writ petitions, which are hereby dismissed.