IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 7749 of 2011(P) ------------------------------ PETITIONER: -------------- K. PREEMA, UPPER PRIMARY SCHOOL ASSISTANT, VHSS, BRAHMAMANGALAM, NOW RESIDING AT MALLIPPURATH HOUSE, ENADI P.O., KULASEKHARAMANGALAM, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR SMT.RAJESWARI KRISHNAN SRI.V.B.NARAYANAN SRI.M.P.HARIKUMARAN PILLAI SRI.ANIYANKUNJU VARGHESE SRI.K.K.VIVEKANANDAN SRI.M.J.WILFRED DAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM – 695 001. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM – 686 002. 4. DEPUTY EDUCATIONAL OFFICER, KADUTHURUTHY – 686 604. 5. THE MANAGER, VHSS, BRAHMAMANGALAM, VAIKOM TALUK, KOTTAYAM DISTRICT – 686 614. WP(C).No. 7749/2011 ADDL. R6. SECRETARY, GENERAL EDUCATION, GOVT. OF KERALA, THIRUVANANTHAPURAM. (ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 01.04.2011 IN I.A.No.6178/2011) BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7749 OF 2011 --------------------------------------- Dated this the 1st day of April, 2011. J U D G M E N T The petitioner is working as Upper Primary School Assistant in the school managed by the 5th respondent. The claim is for promotion to the post of H.S.A (Mathematics). According to the petitioner, vacancies may arise in the near future. The petitioner has filed a representation before the Director of Public Instruction as per Ext.P6. 2. According to the petitioner, even though the petitioner is having only B.Ed in Malayalam and as he acquired the qualification of B.Ed Degree in 1998, in the light of the clarification issued by the Director of Public Instruction by order No.H2/54211/06/L.Dis dated 14.10.2006 produced as Ext.P5 herein, the qualification of the petitioner will be sufficient for promotion to the post of H.S.A (Mathematics). 3. Learned Government Pleader submitted that as far as the issue is concerned, the qualification is fixed by the W.P.(C) No.7749/2011 2 Government and therefore, the petitioner will have to move the Government in the matter. As per the order in I.A.No.6178/2011, the Government has been impleaded as the additional 6th respondent. If the petitioner files an appropriate representation along with a certified copy of this judgment before the Government within a period of three weeks from today, the same will be considered and appropriate orders will be passed within a further period of three months. The petitioner will produce a copy of the writ petition also along with the judgment before the Government. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp