The court upheld the government's authority to create a new cadre for English teachers to address educational needs, affirming executive orders can fill legislative gaps.

1These Writ Appeals are filed against the common judgment in O.P. Nos. 14176, 14470, 16279, 16870, 17295 and 20560 of 2002. The question to be considered in all these appeals is whether the Government Order, G.O. (MS) No. 11/2002 / G.Edn. dated 7.1.2002 ( Ext. P1 in O.P. No. 16870 of 2002) which creates a new cadre of H.S.A. (English) to teach English in the Government and Aided High Schools is correct or not.

2The learned Single Judge in the judgment in O.P. No. 14176 of 2002 and connected cases (Suguna Prakash v. State of Kerala (2002 (3) KLT 488)) held that Para.3(d) and 3(c) of Ext. P1 are not enforceable without corresponding amendment to the Rules. The learned Single Judge further held as follows:
The claims of LPSA / UPSA under R.43 for promotion to the post of HSA in core subjects shall be considered in accordance with the Rules / Orders / Circulars prevailing on the date of occurrence of vacancy. Consequential action by the concerned appointing authorities in the case of the petitioners and similarly placed persons shall be taken in accordance with the above declaration within one month from the date of receipt of a copy of the judgment. The benefit of this judgment will be available to those who are not parties to these Original Petitions also. The beneficiaries of this judgment may file suitable representations before the respective appointing authorities and controlling officers and in that event they shall pass appropriate orders thereon without delay, at any rate within one month from the date of receipt of such representations.
In view of the general directions, services of English teachers who got appointment in the light of Ext. P1 Government Order were sought to be terminated. Hence most of the appeals in this group are filed by persons who are not parties to the Original Petitions and who were given leave to file appeals as their rights were affected. The Government also filed an appeal against the very same judgment. It is also stated that as per the Government Order staff fixation was made in various schools by the educational authorities on the basis of which appointments were made and that the judgment of the learned Single Judge upsets the action done in pursuance of Ext. P1 Order.

3Teaching of English is compulsory in all the High Schools in the State of Kerala. From the 8th standard right upto the 10th standard, there are two papers for English. It is the admitted case that no separate category of H.S.A. (English) is included either in the Kerala Education Rules or in the Special Rules relating to Government Schools and no qualification is prescribed for the said post in the Act or the Rules. The Public Service Commission had suggested a Degree in English language and Literature and B.Ed. / B.T. / L.T. with teaching of English as optional subject as the prescribed qualification for English teachers. National Policy on education and practice in Central Schools and Navodaya Vidyalaya are also in tune with the above. The Director of Public Instructions also informed the Government that the present method of teaching English in the High Schools in the absence of qualified teachers is ineffective and the standard of teaching English is going down. Para.1 and 2 of Ext. P1 Order which details the reasons for issuing the order reads as follows:
separate Category of H.S.A (English) is not included either in the Special Rules relating to Government schools issued in G.O. (P) No. 76/80 / G.Edn. or in the KE.Rs. English Language is taught by the teachers of core subjects who possess qualifications such as a degree in the concerned subject and B.Ed. / B.T. / L.T. conferred or recognised by any Universities in Kerala. To remedy the consequent deteriorating standard of English teaching / learning, Government had ordered some measures in the G.O. read as 1st paper above for enabling the gradual creation of a separate cadre of H.S.A. (English). The G.O. had inter alia prescribed the qualification for direct recruitment of