Promotions under the Kerala University First Ordinance must adhere strictly to its provisions, unaffected by government orders unless amended formally.

1. The Mahatma Gandhi University admittedly operates under the Kerala University First Ordinance, 1978 with respect to the qualifications and methods of appointment of various employees under its service. The relevant portion of such Ordinance, in so far as it relates to Assistant Grade - II, has been produced by the petitioner as Exhibit P14. His claim is that he be appointed by transfer or promotion to such post on the strength of the provisions of the said Ordinance. His claim has, however, been rejected by the University as per Exhibit P6 order and the petitioner has filed this writ petition impugning the said order.

2. I have heard Smt. Waheeda Babu, the learned counsel for the petitioner, Sri. Asok M. Cherian, the learned Standing Counsel for respondents 1 and 2 and the learned Government Pleader for the third respondent.

3. It is virtually common ground on all sides that the method of appointment and qualifications for employment under the M. G. University is governed by the Kerala University First Ordinances, 1978 as it stood in that year. This is to say that subsequent amendments brought to the said Ordinance is not made applicable to the M. G. University, even though it may be applicable to the Kerala University. Exhibit P14, which is the relevant extract of the said Ordinance relating to the post of Assistant Grade - II, prescribes a University degree to be the minimum qualification for such post, but provides an exception in the case of persons who have put in seven years experience as Clerical Assistants in the University. This exception is offered by way of relaxation from the requirement of possessing a University degree at the discretion of the University. The petitioner maintains, on the strength of Exhibit P8 series orders, relating to persons who are claimed to be similarly placed as him, that the University has consistently been relaxing the qualification in the case of Clerical Assistants, who have put in seven years, from the rigor of having a University degree till the year 2008. He asserts that on such basis he ought to have been considered for being promoted as Assistant Grade - II because he became qualified by acquiring seven years experience as a Clerical Assistant in the year 2008. The learned counsel for the petitioner, therefore, fervently contends that the action of the University in rejecting the claim of the petitioner, based on certain Government Orders, is completely irregular and without sanction of law.

4. I have seen the order impugned in this writ petition, namely, Exhibit P6. This order says that the University has decided not to grant any relaxation for persons like the petitioner, from having to possess a graduate degree, on account of two Government Orders referred to as Items 2 and 4 therein and a University order referred as Item No. 3 therein. The petitioner has produced on record the Government Order referred to as Item 2 and the University Order referred to as Item 3 in Exhibit P6 and has appended them to this writ petition as Exhibits P3 and P4 respectively.

5. As is obvious from Exhibits P3 and P4, the Government had taken a decision in principle not to allow any relaxation in educational qualifications for the purpose of promotion in Government service. The University had, as per Exhibit P4, adopted this and had resolved to discontinue the existing scheme for promotion of low paid employees as Assistants with effect from 16/04/2007. The petitioner asserts that since the employment under the M. G. University is covered by the Kerala University First Ordinance, 1978, the government Orders referred to above or any other Government Order cannot affect its operation or cause automatic amendment to it unless the Ordina