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2017 Supreme(Ker) 166

P.V.ASHA
PHILOMINA SEBASTIAN, HIGH SCHOOL ASSISTANT (MALAYALAM) – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioners: SRI. S.P. ARAVINDAKSHAN PILLAY, SMT. N. SANTHA, SRI. K.A. BALAN, SRI. V. VARGHESE, SRI. PETER JOSE CHRISTO, SRI. S.A. ANAND & SMT. L. ANNAPOORNA.
For the Respondents: SRI. B. UNNIKRISHNA KAIMAL & SRI. GEORGEKUTTY MATHEW.

JUDGMENT :

P.V. ASHA, J.

1. The petitioner seeks appointment as HSST (Mal) under the 4th respondent with effect from 01.11.2013. The petitioner commenced her service as UPSA and thereafter she was promoted as High School Assistant (Malayalam) with effect from 20.06.1991 under the 4th respondent, Corporate Educational Agency of the Diocese of Pala. A vacancy of Higher Secondary School Teacher (HSST) (Mal) arose in the School under the 4th respondent on 01.11.2013. Petitioner was the senior most H.S.A. in Malayalam; She was having all the qualifications as prescribed under the provisions contained in Rule 6 of Chapter XXXII of the Kerala Education Rules, 1959. However, the Manager appointed the 5th respondent, who was junior to her and who was having only B.A. Degree in Natural Science.

2. As per Rule 6, for appointment as Higher Secondary School Teacher (H.S.S.T.) Malayalam, the requiste qualification prescribed is Masters Degree in Malayalam with not less than 50% marks and B.Ed. in the concerned subject. B.Ed. Degree holders in other subjects could be considered only in the absence of persons with B.Ed. Degree in the same subject.

3. As against the appointment of the 5th respondent, t















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