IMPORTANT POINTS
• For appointment to the feeder categories of Instructors and Lab Assistants, MCA is not a prescribed qualification-It cannot be said that the qualitative distinction is maintained in the Special Rules-No separate quota has been prescribed for MCA holders and Diploma holders, in the Special Rules, which also is one of the criteria to hold that experience required is post qualification experience.
• In the matter of selection for promotion, whether Degree holders should acquire the requisite qualifying service after obtaining Degree, has to be decided on the basis of the Scheme of the respective Rules.

Petitioners, who are working as Instructors under the 1st respondent - LBS Centre for Science & Technology, seek to quash Ext.P7 proceedings by which four employees have been promoted to the post of Programmer. The petitioners further seek to finalise Ext.P2 Provisional Seniority List after considering their objections.

2. The petitioners state that Ext.P2 Provisional Seniority List of Instructors has not been finalised. Respondents 3 to 6 are wrongly assigned seniority in the provisional list overlooking certain service breaks, lack of continuous service and wrong dates of acquisition of qualifications. Without considering the objections of the petitioners, respondents 4 and 7 to 9 have been illegally promoted as Programmers, as per Ext.P7. The further case of the petitioners is that they have acquired 1st Class MCA Degree while working in the lower post. The period of experience prescribed in Rules for promotion as Programmer need not be the experience acquired after obtaining 1st Class MCA and hence they were eligible and ought to have been promoted. The respondents erred in importing Rule 10(ab) of the Kerala State and Subordinate Service Rules ('KS & SSR', for short) in the selection process which culminated in Ext.P7.

3. The respondents resisted the writ petition filing counter affidavits. The 1st respondent stated that pursuant to earlier directions of this Court, the Special Rules for LBS Centre for Science & Technology were framed as per G.O. (Rt) 1854/07/H.Edn dated 02.11.2007. Regarding seniority list, after inviting objections from all employees, the 1st respondent decided to appoint a Single Member Commission to submit a report. Based on its report, a new provisional seniority list was published inviting objections. Evaluation of objections is being done and a final seniority list will be published thereafter. As regards promotions to the post of Programmer, the selection was conducted after obtaining clarification from Government. Thereafter, the Selection Committee decided to follow Rule 10(ab) of KS & SSR as applicable to Kerala Government Service. Under the said Rules, experience requirements should be one gained after acquisition of qualification. The petitioners have not acquired prescribed three years experience after acquisition of 1st Class MCA Degree. Hence, they were not considered.

4. Respondents 3, 5 and 6 filed counter affidavits. According to them, all of them have the requisite qualification and experience. The 3rd respondent had to take leave due to maternity disability. The leave therefore cannot be treated as break in service. They had joined service during 1992-94. The petitioners passed MCA only in November, 2016. They did not possess the requisite period of experience after obtaining MCA and hence they were not considered for promotion. The seniority has been fixed properly. The 4th respondent, in her counter affidavit, stated that she entered service in 1993 and worked as Instructor. The seniority is properly maintained. The petitioners have not challenged her seniority as Instructor. Therefore, she is entitled to continue in the post of Programmer. The writ petition is therefore liable to be dismissed.

5. I have heard the learned counsel appearing on either side. The Standing Counsel for the 1st respondent submitted that appointment to the post of Programmer is by open selection and is not based on seniority of employees. The qualifications and method of appointment to the post of Programmer is given in Ext.R1(a) produced by the 1st respondent, which are as follows:-

Category : Programmer

Scale of pay : 1640-6-2600-75-2900

Qualifications : 1st Class MCA Degree.

Or

I Class PGDCA/PGDCE and three years experience or I Class Post Diploma in Computer Application with four years experience as Computer Programmer.

Method of Appointment : By selection from qualified Instructors and Lab Assistants with 3 years and 5 years experience respectively.

Or

By direct recruitment.

From the above, it is evident