The main legal point established in the judgment is that the 'date of occurrence of vacancy' is the actual date when the vacancy arose, and teaching experience for promotion to the post of Assistant Professor should be gained after acquiring the postgraduate degree in the subject concerned.

Radhakrishnan, J.

We are in these cases concerned with the interpretation of Rule 5 (b) of the Special Rules for the Kerala Dental Education Service, 1975 read with Rule 10 (ab) of Part II of the Kerala State and Subordinate Services Rules, 1958.

2. O.P. No.2306 of 2001 was preferred by the appellant in WA.No.1893 of 2002 seeking a writ of certiorari to quash Ext.P-8 revised select list by which fourth respondent was granted the date of assignment in the cadre of Assistant Professor earlier than the petitioner accepting her plea that she had acquired the qualification earlier than the petitioner when the vacancy in the post of Assistant Professor arose on 1-5-1988. Petitioner was appointed as Tutor in Dentistry on 26-7-1978 as per the advice of the Kerala Public Service Commission dated 4-7-1978. Fourth respondent was also advised by the Public Service Commission for the post of Tutor in Dentistry on 20-7-1981. At the time of joining duty petitioner possessed B.D.S. qualification prescribed for the post of Tutor while the fourth respondent was having M.D.S. qualification. Promotion post of Tutor was that of Assistant Professor. Qualifications prescribed for the post of Assistant Professor as per Rule 5 (b) of the Kerala Dental Education Service Special Rules are as follows:

TABLE

Petitioner was provisionally promoted as Assistant Professor on 30-5-1990 in the vacancy which arose on 24-1-1990. Petitioner was assigned that date by the D.P.C. as per Ext.P-2 select list. Fourth respondent was assigned the date 25-7-1991, the date on which Dr. Jyothindra Kumar was relieved of his duties on his promotion as Associate Professor. Fourth respondent filed objections stating that she should have been given promotion on 1-5-1988 the date assigned notionally to Dr. Harindranath. On the basis of the objection of the fourth respondent Ext.P-5 select list was revised and Ext. P-8 revised select list was published. In Ext.P-8 fourth respondent was given the date of assignment as 1-5-1988 whereas the petitioner was given the date of assignment as 31-10-1990. Petitioner challenged the revised select list of-Lecturers fit for promotion as Assistant Professor before this court. Challenge was repelled by the learned Single Judge. Aggrieved by the same petitioner has filed W.A.No.1893 of 2002.

3. Common questions arise for consideration in all these cases. The first question which arises for consideration in these cases is as to the meaning of the term 'date of occurrence of vacancy' i.e., whether it is the deemed occurrence of vacancy when promotees were given notional dates of promotion or it is the actual date of occurrence of vacancy by relief of the holder of the post. The second question is as per Rule 5 (b) of the Kerala Dental Education Service Rules read with Rule 10 (ab) of the General Rules "Leaching experience" required for promotion to the post of Assistant Professor in the Kerala Dental Education Service is to be the experience gained after the acquisition of postgraduate degree in the subject in view of Rule 10 (ab) of the K.S. & S.S.R. Counsel on either side addressed arguments for and against the above-mentioned prepositions placing reliance on various judicial pronouncements in support of their respective contentions.

4. Learned Single Judge in O.P.No.2306 of 2001 has taken the view that the claim of an aspirant for promotion should be decided with reference to the circumstance obtained on the date of occurrence of vacancy and held that it is trite law that any deviation therefrom would amount to acting counter to one of the fundamental principles of service jurisprudence. Learned Judge expressed the view that the claim for promotion has to be decided with reference to the date of occurrence of vacancy, whether or not he has occupied that vacancy on the date of occurrence of the vacancy. Learned Judge also examined the scope of the Special Rules for the Kerala Dental Education Service Rules read with Rule 10 (ab) of the Gener