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2008 Supreme(Ker) 368

J.B.KOSHY, P.N.RAVINDRAN
V. R. Sankara Narayanan – Appellant
Versus
A. P. Gopinathan, Selection Grade Assistant – Respondent


Advocates Appeared: For the Appellants :P.J. Elvin Peter, S. Ramesh, P.N. Santhosh, T. Naveen, T.G. Sunil (Pranavam), C.X. Antony Benedict, Pooja Surendran, Advocates. For the Respondents:R1 to 4, Govind K. Bharathan (SR.), R5, Benny Gervacis, SR. Government Pleader, R6 & 7, E.S. Ashraf, SC, C.S. Ramanathan, B. Praveen, Advocates.

Judgment :-

Koshy, J.

The main challenge in the Writ Petitions is the requirement of a University degree for the promotion to the post of Section Officer prescribed by the Syndicate in its resolution dated 112.2000. The post of Selection Grade Assistant is the feeder category for promotion to the post of Section Officer. Formerly, no particular educational qualification was prescribed for the post of Section Officer. By Ext.P5 resolution dated 27.2000 in W.P.(C).No.36498 of 2000 passed in the joint meeting of the Standing Committee, it was recommended as follows:

“6. The minimum general qualification required for promotion from the feeder category of Selection Grade Assistants to section Officers is fixed as a University Degree.

Provided that in the case of Selection Grade Assistants who do not possess University degree as on the date of the Syndicate decision be exempted from acquiring the minimum prescribed educational qualification. Steps are taken to incorporate the above provision in the ordinance.”

It was accepted by the Syndicate in its resolution dated 112.2000, but it was decided that those Assistant in Service without degree would be exempted till 312.2002 (Ext.P7 resoluti






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