Judicial superintendence cannot substitute lower court findings unless severe legal errors exist, emphasizing promotion eligibility based on the completion of probation.

JUDGMENT

Muralee Krishna, J.

The applicants 1, 2 and 4 in O.A.No.782 of 2021 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short), filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging Ext.P7 order dated 04.12.2025 passed by the Tribunal in that original application. For convenience of reference, the parties are referred to in this judgment in their status as they were before the Tribunal, unless otherwise stated.

2. Going by the pleadings in the original application, the applicants are presently working as Demonstrator/instructor Grade-II in Computer Engineering/Computer Hardware Engineering under the Technical Education Department, and they satisfactorily completed their period of probation. As per the amended Special Rules, the method of appointment to the post of Lecturer in Engineering/Technology in Class-C Polytechnics is (1) by direct recruitment, (2) appointment by transfer from the category of Instructor Grade-l in Engineering Colleges/ Workshop Superintendent in Polytechnic Colleges/ Superintendents in Technical High Schools (according to seniority), (3) in the absence of qualified candidates under item (2) above, by transfer from the category of Instructor in Engineering/ Draftsman Grade-I Foreman belonging to the branch of Engineering/ Technology in which the vacancy exist, (4) in the absence of item(2) and (3) above, by transfer from the category of Demonstrators/Draftsman Grade-ll/ Workshop instructor/ Instructor Grade-Il. The applicants state that they fall under item (4) by transfer category under Category 2- Lecturer in Engineering/ Technology under Class-C Polytechnics, and they are eligible for by transfer appointment in the absence of candidates for by transfer appointment in items (2) and (3) category. 17 vacancies falling under the by-transfer category are lying vacant from 22.01.2019 for want of qualified candidates in items (2) and (3). Since the probation of the applicants was not declared as on 22.01.2019, the 2^nd respondent did not consider the applicants for by transfer appointment against the above- mentioned 17 vacancies existing on and from 22.01.2019. The applicants state that their probation was declared with effect from 01.06.2019, 10.07.2019, 31.10.2020 and 20.02.2021, respectively. Therefore, there is no legal hurdle in considering the applicants 1, 2 and 4 for by transfer appointment to the post of Lecturer in Engineering/Technology. It is the contention of the applicants that the method of recruitment continued to be governed by the Kerala Technical Education Service Special Rules as amended by Annexure A15 Kerala Technical Education Service (Amendment) Special Rules, 2010. Further, in view of the clarification issued by the All India Council for Technical Education the faculty members who have already qualified or are likely to qualify shortly under the existing Regulations can be given a choice to them for being considered for promotion under the existing Regulations within three years from the date of coming into force of Annexure A25 Regulations, 2019, on 01.03.2019. Moreover, without conceding that even if Annexure A25 Regulations, 2019 are applicable with effect from 01.03.2019, the 17 vacancies falling under the by transfer appointment quota existed as on 22.01.2019 are to be filled up in accordance with the Special Rules as amended by A