IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 23129 of 2000(C)
1. BHASKARAN ANAVATHUKKAL
... Petitioner
Vs
1. THE DISTRICT JUDGE
... Respondent
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :SRI.U.P.KUNIKULLAYA
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/08/2007
O R D E R
Antony Dominic, J.
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O.P.No.23129 of 2000
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Dated this the 1st day of August, 2007.
JUDGMENT
Petitioners who are Process Servers in different courts filed
this Original Petition mainly to quash Ext.P1, Kerala Judicial
Ministerial Subordinate Service Rules, 1975 to the extent Rule 10
thereof provides that candidates belonging to Scheduled Castes/
Scheduled Tribes, who have passed standard VII or its equivalent
will be considered eligible for appointment as Amin. It is
submitted that in terms of the Rules, the posts of Amins are to be
filled up by direct recruitment and by promotion which is from
Attenders and Class II employees and the petitioners are aspiring
for promotion in that category. It is stated that the promotion
posts available to Amin are the posts of Typist, Lower Division
OP 23129/00 -: 2 :-
Clerk, etc. for which the minimum qualification is S.S.L.C.
According to the petitioners, if the candidates belonging to
Scheduled Castes/Scheduled Tribes who have not passed S.S.L.C.
were appointed as Amins, there will not be further avenues of
promotions for them and they will stagnate in the post.
Consequently resultant stagnation will be caused to others also.
It is in these circumstances that this Original Petition is filed
seeking to quash Rule 10 of Ext.P1 as stated above.
2. On behalf of the eighth respondent, a counter affidavit
has been filed in which it is stated as follows:
“11. None of the grounds raised in the writ
petition are legally sustainable. The High Court and
Government have now decided to delete the proviso to
Rule 10 of Kerala Judicial Ministerial Subordinate
Service Rules, which provides for the relaxation in
qualification to Scheduled Caste/Scheduled Tribes
candidates and Ex-servicemen for the appointments to
the post of Amin. The draft amendment in notification
form has been forwarded from the High Court to the
Government. The matter is under consideration of the
Government.
12. Amendment to delete the proviso to Rule
10, of Kerala Judicial Ministerial Subordinate Service
OP 23129/00 -: 3 :-
Rules has not yet been notified. Until then
appointments could be made only as per the existing
rules. As such Rule 10 provides that ex-servicemen
and candidates belonging to Scheduled
Caste/Scheduled Tribe who have passed Standard VII
or its equivalent will be considered eligible for
appointment as Amin. The appointments of
respondents 3 to 7 were on the basis of the above
provision. It is a fact that the career prospects of the
petitioners are diminished because of these
appointments.”
It is evident from the above that the complaint now raised by the
petitioners before this Court has been accepted by the
Government and remedial action is being taken and according to
them, amendment is only to be notified.
3. In view of above, no further orders are called for in this
Original Petition except to direct finalisation of the proceedings
for amendment as undertaken in paragraphs 11 and 12 of the
counter affidavit of the eighth respondent. Such process shall be
completed by the eighth respondent within a period of six months
from the date of receipt of a copy of this judgment. Petitioners
OP 23129/00 -: 4 :-
are directed to produce copy of this judgment before the eighth
respondent for compliance.
Original Petition is disposed of as above.
Antony Dominic,
Judge.
ess 1/8