JAYAKRISHNAN N K , LAB ASSISTANT, SREE SANKARA VID Vs. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVER
LAWS(KER)-2017-6-205
HIGH COURT OF KERALA
Decided on June 12,2017

Jayakrishnan N K , Lab Assistant, Sree Sankara Vid Appellant
VERSUS
State Of Kerala, Represented By Secretary To Gover Respondents

JUDGEMENT

P. V. Asha, J. - (1.) The petitioners, who were appointed as Lab Assistants as per Exts.P4 to P6 orders on 12.01.2015, by direct recruitment, in Sree Sankara Vidyapeetom, which is an aided college, have filed the writ petition apprehending termination of their services for want of pass in Attender's test, which the Kerala Public Service Commission has not conducted so far.
(2.) As per Ext.P2 notification, the college invited applications for appointment to various posts including that of Lab Assistants in the college, after the Government appointed a nominee for the selection committee. The petitioners submitted applications and on being successful in the selection conducted by a duly constituted selection committee, as per Ext.P3 minutes, the College appointed them. But when the proposal for approval was submitted, the same was rejected as per Ext.P8 letter of the Director of Collegiate Education on the ground that the petitioners do not have the qualification prescribed viz. Pass in Attenders' test conducted by Kerala Public Service Commission (PSC). The Director of Collegiate Education stated that only on passing Attenders' eligibility test, their appointment can be approved. The Principal of the college was informed that they can request the Government for downgrading the post for one year as Last Grade Servant. Accordingly, the Principal requested the Government to downgrade the post of Lab Assistants as Last Grade Servants for a period of one year. But the Government as per Ext.P12 letter directed the termination of the services of the petitioners stating that there cannot be any downgrading. It was further stated that in case the college was willing to downgrade the 3 posts of Lab Assistants as Last Grade Servants appointment to those posts need be filled up from the valid rank list of Last Grade Servants. The writ petition was filed at that stage.
(3.) The respondents filed a counter affidavit stating that the petitioners are not eligible to continue as Lab Assistants for want of test qualification, viz. pass in Attenders' Test. It is also stated that there is no provision for downgrading the post of Lab Assistant as Last Grade Servant.;


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