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1992 Supreme(Ker) 170

SREEDHARAN
Mathew – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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 qualif





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