2012 (2) KLJ 97, 2012 (1) KLT 829

High Court of Kerala

T.R. RAMACHANDRAN NAIR

S. Geetha., HAS (English)

Versus

State of Kerala, represented by Secretary to Government, General Education Department, Govt. Secretariat & Others

W.P.(C) No. 33337 of 2011 (N)

Decided On : 17-02-2012

Judgment :

1. The competing claims between the petitioner & the sixth respondent for appointment as Higher Secondary School Teacher (Junior) (English) under the school managed by the fifth respondent, is the issue arising for consideration herein. The interpretation of Rule 6(2) of chapter XXXII K.E.R. & other Rules also arises for consideration. The petitioner is now working as H.S.A. (English) in the school. Her academic qualifications are B.Sc. (Zoology), B.Ed. in Natural Science & M.A. in English. She is having B.Ed. in English & has passed State Eligibility Test in English also.

2. The petitioner was initially appointed as U.P.S.A. on 5.7.1992; promoted as H.S.A. (Natural Science) on 4.8.1994 in a leave vacancy & in a regular vacancy as H.S.A. (Natural Science) on 5.6.1995. Pursuant to the Government Order issued creating separate cadre of H.S.A (English), she was appointed by category change as H.S.A. (English), as per Ext.P2 order dated 1.11.2003, with effect from 29.1.2004.

3. The qualifications of the sixth respondent are: M.A. in History, M.A. in English, B.Ed. in English & SET in history. Her initial appointed is as U.P.S.A. on 19.11.1984, promoted as H.S.A. (SS) with effect from 1.6.1987 in which post she is continuing.

4. The Higher Secondary courses were sanctioned in the school in the year 2010-2011. As per the selection procedure prescribed for appointment as H.S.S.T. Junior (English), the fifth respondent invited applications by notification dated 22.11.2011. An interview was conducted by the selection committee on 10.12.2011. The sixth respondent & one Smt. Bindu, the additional 7th respondent also participated in the interview. When the rank list was published, the sixth respondent was arrayed as rank No.1, the petitioner as rank No.2 & Smt. Bindu as rank No.3. The petitioner contends that the sixth respondent is not having the mandatory qualification of SET in English & she is not working as H.S.A. (English) & therefore is not entitled to get appointment as H.S.S.T. Junior (English).

5. As far as the issue raised herein is concerned, the Manager, in the counter affidavit contends that the method of appointment to the category of H.S.S.T. Junior (English) is by transfer from qualified High School Assistants in the subject concerned. 25% of the total posts shall be filled up by appointment by transfer. It is pointed out that any qualified H.S.A. can be appointed as H.S.S.T. Junior subject to the selection procedure & the selection is not confined to teachers working as H.S.A. (English) for appointment as H.S.S.T. Junior (English). It is further pointed out that the sixth respondent is qualified for appointment as H.S.S.T. Junior (English). She stood first in the interview. She has got more than 10 years approved serviced as H.S.A. & thus is entitled for exemption from passing SET.

6. Similar is the contention raised by the sixth respondent in her counter affidavit. The contention of the sixth respondent is that Rule 4 of Chapter XXXII K.E.R. which provides for the method of appointment of Higher Secondary School Teacher (Junior), if applied, it can be seen that a High School Assistant who is qualified for the concerned subject, can get appointment, which is satisfied by the sixth respondent. There is no challenge against the select list also. The sixth respondent being seniormost qualified person is thus select list also. The sixth respondent being the seniormost qualified person is thus selected & appointed.

7. For considering the points raised by both parties, we will have to refer to the rules which call for interpretation. Rule 4 of Chapter XXXII K.E.R. provides for the method of appointment & it states as follows:

“4. Method of

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