Promotion criteria under the Kerala High Court Service Rules must be reconsidered in light of amendments and existing qualifications of the petitioner.

J U D G M E N T

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The petitioner, who is working as Overseer Grade-II in the High Court of Kerala, seeks to quash Exts.P15 and P19 and to direct the 1^st respondent-High Court of Kerala to consider the claim of the petitioner for promotion/appointment by transfer as Assistant Engineer (Electrical) in accordance with Exts.P6 and P16 in the light of Ext.P13 and give him his legitimate appointment without delay.

2. The petitioner passed SSLC and holds National Trade Certificate issued by the NCVT in the trade of Electrician. The petitioner also holds Diploma in Electrical and Electronics Engineering awarded by the State Board of Technical Education, Government of Kerala. The petitioner belongs to a Scheduled Caste. After working in prominent institutions like FACT, KWA and Technical High School as Electrical Pump Operator, Control Technician, etc., the petitioner joined service under the Kerala High Court as Helper on 28.03.2011. The petitioner was appointed as Overseer Grade-II by transfer on 19.12.2018.

3. As per the Kerala High Court Service Rules , 1970, the highest post in the Engineering Wing was Overseer Grade-II. As per the , 2007, the highest post is Overseer Grade-I which is to be filled up by appointment by transfer, deputation or direct recruitment for which the qualification prescribed was Plus Two or equivalent and Degree / Diploma in Electrical Engineering. The post of Overseer Grade-II was upgraded as Overseer Grade-I with effect from 15.02.2006 and the post of Assistant Engineer was incorporated in the Rules with effect from 06.02.2014.

4. The method of appointment to the post of Assistant Engineer is by promotion from the post of Overseer Grade-II, appointment by transfer, deputation or direct recruitment. In the case of promotion from Overseer Grade-II or appointment by transfer, the qualification was Plus Two or equivalent and Degree / Diploma in Electrical Engineering. The then incumbent in the post of Overseer Grade-I was not having Plus Two, SSLC or equivalent or Degree / Diploma in Electrical Engineering when the post of Assistant Engineer was created. However, the post was upgraded as Overseer Grade-I and the incumbent was appointed as Assistant Engineer even though he was not possessing SSLC or Diploma in Engineering, contends the petitioner. The said incumbent was given exemption from acquiring qualifications.

5. In the year 2023, the petitioner submitted Ext.P9 representation dated 29.11.2023 seeking exemption from Plus Two qualification for promotion as Assistant Engineer. The request was rejected as per Ext.P10 OM dated

15.03.2024. The petitioner hence filed W.P.(C) No.14231/2024. The writ petition was dismissed as per Ext.P11 judgment dated 30.05.2024 holding that when the Kerala High Court Service Rules specifically prescribe Plus Two qualification, the same has to be strictly followed. 6. The High Court, as per Ext.P12 Notification, invited applications for appointment by transfer on temporary basis. The petitioner gave willingness on 03.10.2024. The petitioner was called for interview held on 25.11.2024. On 17.01.2025, the result of Higher Secondary School Examination in which the petitioner participated was published. The petitioner passed the Higher Secondary Examination. The petitioner hence submitted Ext.P14 representation dated 20.01.2025 pointing out that he now satisfies the qualifications for appointment as Assistant Engineer.

7. Ext.P14 was rejected on 06.02.2025 on the ground that the 2^nd respondent has already been appointed by tran