IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11730 of 2009(I) -------------------------- PETITIONERS: --------------- 1. C.V.DINESH BABU, S/O.KUNHIKANNAN (LATE) AGED 48 YEARS, HIGH SCHOOL ASSISTANT MAMBARAM H.S.S., (P.)., MAMBARAM. THALASSERI TALUK. 2. P.V.VIJAYAN, S/O.SANKARAN NAIR, AGED 52 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 3. C.K.VIJAYAN, S/O.APPU, AGED 47 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 4. K.M.RADHAKRISHNAN, S/O.CHANDRAN NAIR, AGED 43 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 5. K.P.SUJITH, S/O.KUNHAMBU, AGED 44 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 6. V.SAHADEVAN, S/O.KUNHIRAMAN, AGED 49 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 7. JAYARAJ K.V., S/O.RAMOR, AGED 42 YEARS, H.S.A. MAMBARAM H.S.S., P.O.MAMBARAM, THALASSERI TALUK. 8. UTHAMAN.K., AGED 38 YEARS, RAJIV GANDHI MEMORIAL HIGH SCHOOL, MOKERI, THALASSERI TALUK. 9. SANAL KUMAR K.V., AGED 35 YEARS, RAJIV GANDHI MEMORIAL HIGH SCHOOL, MOKERI, THALASSERI TALUK. (...2/-) WP(C) 11730/09 (2) 10. MOHANAN V.P., AGED 45 YEARS, CHOTHAVOOR HIGH SCHOOL, CHAMPAD, THALASSERI TALUK. 11. K.RAMACHANDRAN, S/O.MADHAVAN, AGED 47 YEARS, MATTANNUR HIGHER SECONDARY SCHOOL (P.O), MATTANNUR. 12. PRAKASH KARAYI, S/O.GOVINDAN, AGED 43 YEARS, MATTANNUR HIGHER SECONDARY SCHOOL (P.O), MATTANNUR. 13. MANOHARAN C., S/O.KUNHIKANNAN NAMBIAR, AGED 42 YEARS, K.P.C.H.S.S., MATTANNUR.P.O. MATTANNUR. BY ADV. MR. K.V.PAVITHRAN MR. JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: --------------- 1. SECRETARY FOR GOVERNMENT EXAMINATIONS POOJAPPURA, THIRUVANANTHAPURAM. 2. CAMP OFFICER, G.V.H.S.S., KANNUR (P.O) KANNUR. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR (P.O), KANNUR. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION, KANNUR. SENIOR GOVERNMENT PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 11730 of 2009-I ------------------------------ Dated this the 7th day of April, 2009. J U D G M E N T The petitioners are High School Assistants in Social Science, Mathematics and Physics. Though they were appointed as Assistant Examiners to value answer scripts of candidates who have appeared for paper in English language in the S.S.L.C examination held in March 2009, they were declined permission to attend the valuation camp on the ground that they do not possess the qualifications prescribed for appointment to the post of HSA (English). Ext.P6, the communication issued by the Camp Officer in that regard is under challenge in this writ petition, wherein the petitioners contend that as they were all along taking classes in English language for 10th standard students it cannot be said that they are not qualified to value answer papers in English language. With effect from the year 2002, a separate cadre of HSA (English) was created by the Government. The qualifications for HSA (English) are prescribed in Chapter XXXI of the Kerala Education Rules. The petitioners do not admittedly possess the said qualifications. The petitioners contend that they were taking classes W.P(C) No. 11730 of 2009-I 2 in English based on the rules in force prior to 2002. In my opinion, the petitioners who do not possess the qualifications prescribed for the post of HSA (English) cannot claim any vested right to value answer scripts in the paper on English language. The decision taken by the camp officer cannot therefore be faulted. Nearly seven years have passed after a separate cadre of HSA (English) was created. When there are teachers with the prescribed qualification, the petitioners cannot insist that they should be preferred to value answer scripts in English. I am therefore of the considered opinion that the challenge to Ext.P6 is without any merit. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab