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LALI JOSEPH, SELECTION GRADE ASSISTANT v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 6178 of 2007(I)  RD-KL 10086 (12 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 6178 of 2007(I)
1. LALI JOSEPH, SELECTION GRADE ASSISTANT,
2. SEBASTIAN MAXY.T.B.,
3. ROY THOMAS, SELECTION GRADE ASSISTANT,
4. KARUNAKARAN.P.N., SELECTION GRADE
1. STATE OF KERALA, REPRESENTED BY THE
2. ADVOCATE GENERAL, OFFICE OF THE
3. SECRETARY TO ADVOCATE GENERAL,
4. PATHUMMA.K.M., OFFICE SUPERINTENDENT,
5. G.VALSALA, SELECTION GRADE
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :SRI.P.K.VIJAYAMOHANAN
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
O R D E R
K.BALAKRISHNAN NAIR, J.W.P.(C) No. 6178 of 2007-I
Dated this the 12th day of June, 2007.
J U D G M E N T
The case of the petitioners is identical to the case of the petitioners in W.P.(C) No.12228 of 2007. The learned counsel for the petitioners canvassed the position that all the Typists and Confidential Assistants irrespective whether they are graduates or not should clear the eligibility test held by the P.S.C. In support of that submission, the last sentence in the Note to Rule 3 of Ext.P1 Special Rules is relied on, which reads as follows:
"Typists (including Office Superintendents) and Confidential Assistants (including Steno-typists) who pass the suitability test conducted by the Public Service Commission for appointment as Section Officer, will be posted for training as Assistant for a period of one year, if they are likely to be appointed as Section Officer within a period of three years. After their posting for training as Assistant they will continue to work as Assistant till they are appointed as Section Officer." WPC No. 6178 of 2007 2 Rule 3 of the Special Rules prescribes the method of appointment. Rule 4 of the Special Rules prescribes the qualifications. The qualification prescribed for Section Officer reads as follows: Section Officer By transfer-(i) B.A., B.SC. or B.Com degree of a Recognised University or its equivalent. Provided that those Assistants who have been recruited as per G.O. (MS) 1046/PD dated 14-12-1959 shall be exempted from this qualification. Provided further that non-graduate Assistants who have been recruited otherwise than under G.O.(MS) 1046/PD dated 14-12- 1959 and typists (including Office Superintendents) and Confidential Assistants (including Steno-Typists) who possess minimum general educational qualification of S.S.L.C. or its equivalent, shall be eligible for appointment as Section Officer only after passing the suitability test conducted by the Public Service Commission for appointment as Section Officer."
2. The learned counsel for the petitioners pointed out that the second proviso only makes the Typist/Confidential Assistants eligible and not relieve the graduates among them of the liability to clear the suitability test. I feel that the said contention cannot be accepted. A WPC No. 6178 of 2007 3 proper reading of the Rule would show that only those who are non- graduates need clear the suitability test held by the PSC. The contesting respondents being graduates, the contentions of the learned counsel for the petitioners cannot be accepted. In the result, it is ordered that the judgment in W.P.(C) 12228 of 2007 will govern this case also. K.BALAKRISHNAN NAIR,
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