Kerala High Court
Akhilesh Ravi C vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 36780 OF 2018
PETITIONER/S:
AKHILESH RAVI C.
OFFICE ATTENDANT,
N.S.S.COLLEGE OF ENGINEERING,
PALAKKAD, PIN - 678 008.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.K.A.BALAN
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM,PIN-695033.
3 JOINT DIRECTOR,
REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOZHIKODE,PIN-673001.
4 CHAIRMAN,
GOVERNING BODY, N.S.S.COLLEGE OF ENGINEERING, PALAKKAD,
ADMINISTRATIVE OFFICE, N.S.S.HEAD OFFICE, PERUNNA P.O.,
CHANGANACHERRY, PIN-686002.
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36780 OF 2018
2
JUDGMENT
Petitioner has approached this Court seeking directions to
the respondent to promote the petitioner (appoint by-transfer) to
the post of Tradesman (Plumber) in the college.
2. Petitioner is stated to have possessed the qualification
of Bachelor of Engineering Degree (BE Degree) in Civil
Engineering from Visvesvaraya Technological University,
Belgaum, Karnataka. Pursuant to the appointment order dated
30.6.2016, joined as Office Attendant under the 4 th
respondent/N.S.S College of Engineering Palakkad, which was
approved under the direct payment system as per the order
dated 15.10.2016 of the Joint Director, Regional Directorate of
Technical Education. The probation of the petitioner was
declared and the petitioner is qualified for being appointed by
transfer as Tradesman(Plumber). In this regard, when the
vacancy in the college on 1.4.2015 arose, petitioner submitted
representation Exts.P8, P9 and P10 but no action was taken. It is
contended that the qualification, which prescribed for being
WP(C) NO. 36780 OF 2018
promoted to the post of Tradesman is much lower than what the
petitioner possessed. The vacancy could not be left unfilled. It is
on that background, the petitioner submitted representations.
3. Learned counsel appearing for the respondent No.4,
N.S.S College opposed the aforementioned contentions by
stating that the Government of Kerala vide order dated
12.10.2012 framed Kerala Technical Education Subordinate
Service Special Rules, 2012 (2012 Rules) prescribing the
method of appointment and qualification for the post of
Tradesman, Tradesman Grade-II etc under the Kerala Technical
Subordinate Services. As per the Statute 66 of the Calicut
University (Conditions of Service of Teaching and Non-teaching
Staffs) First Statutes, 1979 Special Rules 2012, ibid, have been
made applicable to the Private Aided Engineering Colleges.
Rules (3) and (4) of 2012 Rules deal with the method of
appointment to various categories of posts in the college and the
qualification to various posts. The method of appointment
prescribe for the post of Tradesman is by transfer from Non-
Technical Attender Class IV Employees of the Technical
WP(C) NO. 36780 OF 2018
Education Department having not less than two years regular
service in the Department or by direct recruitment in the ratio of
3:1 and the qualification required to be possessed is pass in
Technical High School Leaving Certificate Examination
with specialization in the appropriate Trade or pass in
Secondary School Leaving Certificate Examination or equivalent
or National Trade Certificate in the appropriate. Since the
petitioner did not have a specialization in the appropriate trade,
he could not be promoted to the post of Tradesman. An identical
issue arose in the college in the matter of promotion to the post
of Trade Instructor Grade-II (Carpentry) in the Department of
Mechanical Engineering. The Director of Technical Education
and the Government issued order that an incumbent having
Degree/Diploma holder can be promoted from the post of
Tradesman (Sheet Metal) to the post of Trade Instructor Grade
-II (Carpentry) irrespective of Trade. The aforementioned
decision was challenged in this Court vide W.P.(C) No.32123 of
2017 and stayed the aforementioned order and the same writ
petition is pending.
WP(C) NO. 36780 OF 2018
I have heard the learned counsel for the parties and
appraised the paper book. Rules 3 and 4 of the Special Rules
2012 prescribing the method of appointment and qualification
reads thus:
Rule 3:
Category Method of Appointment
Tradesman i. By transfer from Non-technical Attender Class IV Employees
of the Technical Education Department having not less than
two years regular service in the Department
Rule 4:
Category Method of appointment Qualification
Tradesman By transfer (1). A pass in Technical High School Leaving
Certificate Examination with specialization in
the appropriate Trade
i. Pass in Secondary School leaving certificate
examination or equivalent
ii. National Trade Certificate in the appropriate
trade/Pass in Kerala Government Certificate in
Engineering Examination in the appropriate
trade. Pass in Vocational Higher Secondary
Certificate course in the appropriate trade.
No doubt, the petitioner is a holder of a Bachelor of
Engineering Degree (BE) in Civil Engineering as evident from
Ext.P7 ie., the mark list, whereby he had secured marks in
Advanced Concrete Technology, Design and Drawing of Steel
WP(C) NO. 36780 OF 2018
Structures, Pavement Design, Water Resources Engineering,
Project Work and seminar. None of the aforementioned streams
pertain to plumbing which requires specialization in the trade as
per Rule 4, ibid. Thus the petitioner cannot seek promotion to
the Tradesman. I do not find any justification in the matter.
Writ petition is accordingly, dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 36780 OF 2018
APPENDIX OF WP(C) 36780/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
NO.F/5219/2016 DATED 30.6.2016 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.RDP3/2379/14RDTEKZ DATED 15.10.2016 OF
THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.S/4608/2017 DATED
14.8.2017 OF THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.RDP5/2373/17/RDTEKZ DATED 11.12.2017 OF
THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.DP2/38090/17/DTE
DATED 28.11.2017 OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE DEGREE CERTIFICATE DATED
9.5.2015 OF THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE MARK LIST OF THE
B.E.DEGREE EXAMINATION TAKEN BY THE
PETITIONER.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
19.9.2017 OF PETITIONER FILED BEFORE THE
4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
5.7.2018 OF PETITIONER FILED BEFORE THE 4TH
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
2.10.2018 OF PETITIONER FILED BEFORE THE
GOVERNMENT.
WP(C) NO. 36780 OF 2018
EXHIBIT P11 TRUE COPY OF THE LETTER NO.KTU/A/364/2015
DATED 25.10.2018 OF THE STATE PUBLIC
INFORMATION OFFICER OF THE UNIVERSITY.
EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED 6.2.2019
BY SRI. V.N RAVEENDRANATHAN TO THE PUBLIC
INFORMATION OF SN POLYTECNIC COLLEGE
EXHIBIT P13
TRUE COPY OF THE REPLY LETTER
NO.P/RTI/SNPC/2018-19/938 DATED 11.3.2019
OF THE STATE PUBLIC INFORMATION OFFICER
EXHIBIT P14
TRUE COPY OF THE LETTER
NO.IDSII(3)2242/2007/GW DATED 15.4.2017 OF
THE PUBLIC INFORMATION OFFICER OF THE PSC
RESPONDENT'S EXHIBITS
R4(a) TRUE COPY OF THE ORDER DATED 18.3.2016 OF THE HON'BLE COURT IN W.P.
(C) NO.20708 OF 2013
