IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 16875 of 2011(H) -------------------------- PETITIONER: --------------- FLOWER SHARLET, KUMAR COTTAGE, MOOTHAM VAZHKA, KANJIRAMKULAM P.O.,THIRUVANANTHAPURAM-695524, WORKING AS H.S.A. (MATHS) IN GVHS, OTTAPALAM FOR DEAF. BY ADV. SRI.A.AHZAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM.-695001 GOVERNMENT PLEADER MR.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16875 of 2011(H) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE COPY OF THE PROCEEDINGS OF THE DPI, KERALA. P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA. P3: TRUE COPY OF THE MARK LIST. P3(a): TRUE COPY OF THE MARK LIST. P4: TRUE COPY OF THE CERTIFICATE OF DIPLOMA P5: TRUE COPY OF THE CERTIFICATE UNDER SEC.19 OF THE REHABILITATION COUNCIL OF INDIA ACT. P6: TRUE COPY OF THE G.O.(RT.) DATED 30.3.98. P7: TRUE COPY OF THE ORDER DATED 15.5.04 P8: TRUE COPY OF THE FORWARDING LETTER DATED 10.11.2010. P9: TRUE COPY OF THE LETTER DATED 10.11.2010. P10: TRUE COPY OF THE REPRESENTATION DATED 6.5.11 RESPPONDENT'S EXHIBITS : NIL RKC //TRUE COPY// PA TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16875/2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of July, 2011 J U D G M E N T This writ petition is filed by the petitioner mainly for a direction to the respondents to include the petitioner in the seniority list of Higher Secondary School Teacher (HSST) and appoint the petitioner in Special Schools for Deaf and Dumb and Hearing impaired. 2. The petitioner was appointed as per Ext.P1 order dated 09/10/2003 and has been working as High School Assistant (Maths) in G.V.H.S for the Deaf, Ottappalam since 21/10/2003. He has passed M.A. English (Language & Literature) in the year 2008 and has got 46% marks for the P.G Course. He has also acquired special training in teaching hearing impaired as evident from Exts.P4 and P5 certificates. According to the petitioner, for inter transfer appointment for H.S.A to H.S.S.T from among other qualifications, the minimum marks prescribed is 50% for P.G course. It is W.P.(C). No.16875/2011 -:2:- further averred that the Government has issued G.O.(RT) No.1364/1998/G.Edn. dated 30/03/1998 which stipulates minimum qualification for H.S.S.T in deaf schools, i.e. P.G Degree with 45% marks in all subjects with B.Ed and Special Training to teach the hearing impaired. Ext.P6 is the copy of the said Government Order. Seeking for such benefits, he has filed a representation as per Ext.P10 before the second respondent. 3. The learned Government Pleader submitted that the procedure and the guidelines for preparing the seniority list have been adopted by the Government as per G.O.(MS)No.61/11/G.Edn. dated 28/02/2011. The operative portion of the Government Order shows that the Director of Higher Secondary Education will invite applications and prepare a seniority list of qualified candidates for appointment as Higher Secondary School Teacher/Higher Secondary School Teacher (Junior) in Special Schools on by transfer method as per the above guidelines and appointment shall be done from a select W.P.(C). No.16875/2011 -:3:- list prepared with approval of the Department Promotion Committee. 4. The learned counsel for the petitioner submitted that after the filing of the writ petition, applications have been invited. It is submitted that the petitioner has already submitted the application. Therefore, it is upto the Director of Higher Secondary Education to consider the application of the petitioner in terms of the guidelines. While considering the application of the petitioner, the request made by the petitioner for grant of exemption of the P.G marks will also be considered in accordance with the relevant Government Orders in the matter. The writ petition is accordingly disposed of. No costs. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the concerned respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms