STATE OF KERALA Vs. P C ABRAHAM
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) These Writ Appeals arise from the judgment of Poti, J. allowing Original Petition No. 4584 of 1971, P.C. Abraham v. State of Kerala and others. The judgment is reported in 1972 KLT 165 . Writ Appeal No. 58 of 1972 is by the State of Kerala and the Director of Collegiate Education, respondents 1 and 2 in the said Original Petition and W. A. No. 77 of 1972 is by the 4th respondent therein. The petitioner in the Original Petition is the Ist respondent in Writ Appeal No. 58 of 1972 and he is the 4th respondent in Writ Appeal No. 77 of 1972. Respondents 2 and 3 in Writ Appeal No. 58 of 1972 are respondents 3 and 4 in the Original Petition, namely, The President, Managing Board, St. Joseph's College, Calicut, and V. P. Abdulla Koya Thangal, Senior Superintendent, St. Joseph's College, Devagiri, Calicut (appellant in Writ Appeal No. 77 of 1972). Respondents 1 to 3 in Writ Appeal No. 77 of 1972 are the State of Kerala, The Director of Collegiate Education and the President, Managing Board, St. Joseph's College, Calicut.
(2.) The short question that falls for consideration in these cases and the necessary facts for determining the question are these: The appellant in Writ Appeal No.77 of 1972, Abdulla Koya Thangal, who is the 3rd respondent in Writ Appeal No. 58 of 1972, and the petitioner in the Original Petition, P. C. Abraham, the 1st respondent in Writ Appeal No. 58 of 1972 and the 4th respondent in Writ Appeal No. 77 of 1972 were employees of the St. Joseph's College, Calicut. They were in the non teaching staff of the College in the cadre of upper division clerks. Abdulla Koya Thangal was senior to P. C. Abraham. There were two vacant posts; one of Senior Superintendent and another of Head Accountant, in the College. Abdulla Koya Thangal did not possess the qualifications neither general nor the test qualifications prescribed by the State Government in what may be compendiously termed the grant in aid Code, containing conditions for recognition of Colleges for Grant in aid. This Code insisted on certain qualifications for the posts in the institutions and also fixed the staff pattern. This was for the purpose of recognition of the institutions and for the granting of aid. Notwithstanding his lack of qualifications, Abdulla Koya Thangal was appointed by the management by a memo dated 30-7-1971 as a Senior Superintendent with effect from 9-2-1971 and P. C. Abraham was on the same date promoted as Head Accountant also with effect from 9-2-1971. The Head Accountant was on a lower grade of pay, Rs. 175-350, while the Senior Superintendent's scale was Rs. 310-500. Feeling aggrieved, P. C. Abraham made representations to the Director of Collegiate Education and the Minister for Education. The State Government on getting these representations deemed it fit to grant exemption from the qualifications insisted upon by the Grant in aid Code so far as Abdulla Koya Thangal was concerned. The order passed by the State Government is Ext. P9 which is in these terms:-
"Government are pleased to grant exemption to Sri V. P. Abdulla Koya Thangal. Senior most Upper Division Clerk, St. Joseph's College, Devagiri, from minimum qualification to hold the post of Senior Superintendent in the same College."
It was this order that was challenged before Poti J., on two grounds; infringement of Art.14 of the Constitution, and mala fides. The learned Judge did not express any opinion on the ground of mala fides but found that there has been an infringement of Art.14 of the Constitution and so quashed Ext. P9.
(3.) It was not urged before us by P. C. Abraham that the quashing of the order Ext. P9 should be sustained on the ground of mala fides. The only question arising for decision in these Writ Appeals is whether the order Ext. P9 is liable to be set aside on the ground that it is violative of Art.14 of the Constitution.;
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