The main legal point established in the judgment is that the B.Ed. degree is recognized as a higher training qualification than T.T.C. and is approved by the Government of Kerala, allowing for appointments as L.P.S.A. or U.P.S.A. in aided schools.

The short question that arises for consideration in this original petition is whether a person with B.Ed Degree cans be appointed as L.P.S.A. or U.P.S.A. in an aided school.

2. S.10 of the Kerala Education Act states that the Government shall prescribe qualifications to be possessed by persons for appointment as teachers in Government and Private Schools. In exercise of this power, Government framed Rules in Chapter XXXI of the K.E.R. prescribing qualifications of Private School teachers. Rule 3 of Chapter XXXI deals with qualifications of teachers in Upper Primary Schools. Sub rule (t) of that Rule deal with Upper Primary School Assistants. The minimum qualification prescribed for Upper Primary School Assistant is a pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and T.T.C. Examination conducted by the Commissioner for Government Examinations, Kerala. Rule 3Aof Chapter XXXI stales that notwithstanding anything contained in Sub Rule (1) of Rule 3, the Educational Officer shall be competent to approve the appointments of candidates possessing higher qualification provided they have any of the training qualifications approved by the Government of Kerala.

3. Sub Rule (1) of Rule 4 of Chapter XXXI prescribes the minimum qualification for the post of Lower Primary School Assistant as a pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and a pass in T.T.C. Examination conducted by the Commissioner for Government Examinations, Kerala. Rule 4A states that notwithstanding arty thing con tined in Sub Rule (t) of rule 4the Educational Officer shall be competent to approve appointment of candidates possessing higher qualification provided they have any of the training qualifications approved by the Government of Kerala.

4. In view of the above provisions should T.T.C. be a compulsory qualification to be possessed by one for getting the post of L.P.S. A. or U.P.S. A? Sub Rules (1) of Rule 3 and Rule 4 while prescribing the minimum qualification states that T.T.C. is the minimum training qualification required for L. P.S.A. and U.P.S.A. Rules 3A and 4A allows the Educational Officer to approve the appointments of candidates possessing higher qualifications. The candidates possessing higher qualifications should have any of the training qualifications approved by the Government of Kerala. The training qualification made mention of in R.3A and 4A can be training qualification other than T.T.C. So, a person having a training qualification other than T.T.C. can be appointed as an L.P.S.A./U.P.S.A. provided that training qualification is one approved by the Government of Kerala. It is conceded before me that B. Ed, degree is a training qualification. It is also agreed that the B. Ed, training qualification is approved by the Government of Kerala. That training qualification namely B. Ed., it is agreed, is a higher training qualification than T.T.C. So, a person who is having the higher training qualification of B. Ed, is entitled to be appointed as L.P.S.A. or U.P.S.A. in view of the specific provision contained in Rules 3A and 4A of Chapter XXXI, K.E.R.

5. Government issued Ext.Pl order G.O.MS. 65/88/G.Edn. dated 5-3-88 stating that persons possessing the basic qualification in teaching i.e. T.T.C. alone will be considered for appointment as Lower Primary School Assistants and Upper Primary School Assistants in aided schools even if they are having B. Ed, qualification. This order was issued because Educational Officers were approving appointments of B. Ed, degree holders as Lower Primary School Assistants and Upper Primary School Assistants. Educational Officers were approving the appointments of B. Ed, holders on the assumption that it is a higher qualification to T.T.C. Operation of this order was stayed, by Ext.P2. It is stated that the position prevailing as before the date of Ext.P1G.O. will continue in o