IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST NOVEMBER 2007 / 10TH KARTHIKA 1929 WP(C).No. 32387 of 2007(E) -------------------------- PETITIONER: ------------ B.GEETHA KUMAI,LOWER PRIMARY SCHOOL ASSISTANT AM LOWER PRIMARY SCHOOL KUNDIL PARAMBU, VEGARA SUB DISTRICT MALAPPURAM DISTRICT.AGED 41 YEARS, W/O.SRI G.MURALEEDHARAN,RESIDING AT KUNDILPARAMBA THENNALA PO, MALAPPURAM DISTRICT-676511. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION (T) GOVT. SECRETARIAT, TRIVANDRUM 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. DISTRICT EDUCATION OFFICER,TIRUR MALAPPURAM DISTRICT. 4. ASSISTATANT EDUCATION OFFICE, VENGARA SUB DISTRICT, MALAPPURAM DISTRICT. 5. SMT.BLESSINA C.MATHAI, UPSA, AM LPS,KUNDIL PARAMBU,VENGARA SUB DISTRICT, MALAPPURAM DISTRICT. 6. THE MANAGER, AMLP SCHOOL, KUNDIL PARAMBU, VENGARA SUB DISTRICT, MALAPPURAM DISTRICT. G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ========================== W.P.(C).No.32387 of 2007 ========================== Dated this the 1st day of November, 2007 J U D G M E N T The petitioner is a Lower Primary School Assistant in the A.M.L.P. School, Kundil Parambu, Malappuram District. She is aggrieved by denial of promotion as Headmistress as also the appointment of the 5th respondent as the headmistress of the school. The petitioner raises two contentions. The first is that, as the senior-most qualified LPSA of the school, she is entitled to be promoted in preference to the 5th respondent who is admittedly junior to the petitioner. The second is that the 5th respondent being a B.Ed. graduate and under Rule 45A of Chapter XIV A of the KER, the qualification prescribed being TTC, the 5th respondent is not qualified to be so promoted. Regarding the second contention, the petitioner relies on the decision of this court in Gopalakrishnan v. Director of Public Instruction [2005(4) KLT 774]. 2. I have considered the arguments of the learned counsel for the petitioner. 3. Admittedly, one of the qualifications prescribed for w.p.c.32387/07 2 promotion as headmaster of an L.P. School is pass in Account Test (Lower). The vacancy of headmistress of the school arose on 1.5.2006. Going by Ext.P1 certificate issued by the Kerala Public Service Commission on 24.11.2006, the petitioner passed Account Test (Lower) in the examination conducted by the Public Service Commission in June, 2006. That being so, as on the date of occurrence of the vacancy, namely, 1.5.2006, which is the date to be reckoned for the purpose of deciding qualification of the claimant for promotion, the petitioner was not qualified to be promoted as headmistress. Regarding the second contention, in the Full Bench decision of this court in S.N.D.P. L.P. School v. Roy reported in 2006 (4) KLT 497, this court has held that B.Ed. holders are also entitled to be promoted as headmistress overruling the decision in Gopalakrishnan's case (supra). In view of the above findings, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge. w.p.c.32387/07 3