IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10994 of 2009(T) -------------------------------------- PETITIONER: ------------------- MATHEW M. DANIEL, H.S.A. (MATHS) M.G.M. HIGH SCHOOL, ENGAPUZHA, PUDUPPADI, KOZHIKODE, RESIDING AT MULLAMTHANATHU, PANNIVIZHA, ADOOR P.O., PATHANAMTHITTA. BY ADV. MR.P.V.JAYACHANDRAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE MANAGER, CATHOLICATE & M.D. SCHOOLS DEVALOKAM, KOTTAYAM. R1 & R2 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10994 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.P.V.Jayachandran, the learned counsel appearing for the petitioner. 2. The petitioner who possesses a Degree in Mathematics, B.Ed Degree in Mathematics and Post Graduate Degree in English was appointed as High School Assistant (Mathematics) in the school managed by the third respondent initially on 4.10.2000 in a leave vacancy. She was re-appointed in a regular vacancy with effect from 4.12.2001. The said appointment has been approved. The petitioner later claimed appointment as H.S.A.(English). That request was rejected by the Director of Public Instruction by Ext.P4 order dated 7.5.2008 stating that in view of the qualifications prescribed for the post of H.S.A.(English) the petitioner's request cannot be entertained. The petitioner thereupon moved the Government by filing Ext.P5 revision petition. In the said revision petition, the petitioner pointed out a large number of instances where post graduate degree holders in English who did not possess B.Ed Degree in English were appointed as H.S.A.(English). By Ext.P7 order passed on 12.3.2009 the Government rejected Ext.P5 revision petition. Hence this writ petition challenging Exts.P4 and P7. WP(C).No.10994/2009 2 3. The learned counsel appearing for the petitioner contended that since in Aided schools, teachers who do not possess B.Ed. Degree in English had been appointed as H.S.A.(English), if he possesses post graduate degree in English, the stand taken in Exts.P4 and P7 cannot be sustained. I am afraid there is no merit in the said contention. The petitioner was appointed as H.S.A.(Mathematics) on 4.12.2001. The qualifications for the post of H.S.A.(English) are those prescribed in Rule 2(2)(x) of Chapter XXXI of the Kerala Education Rules. Rule 2(2)(x) stipulates that the candidate for appointment as H.S.A.(English) shall possess a Degree in English language and literature and B.Ed./B.T./L.T. with English as optional subject, conferred or recognised by the Universities in Kerala. It is only if candidates with B.Ed./B.T./L.T. with English as optional subject are not available that candidates with B.Ed./B.T./L.T. in any other subject can be considered for appointment. As per the proviso to Rule 2(2)(x) candidates who possess a post graduate degree in English will be considered to have a degree in the said subject. In this case, the petitioner possesses a post graduate degree in English. However, he does not possesses B.Ed. Degree in English, but only B.Ed. Degree in Mathematics. On the terms of Rule 2(2)(x) which was brought into force with effect from 7.1.2002, the petitioner is not qualified for WP(C).No.10994/2009 3 appointment as H.S.A.(English). His claim was therefore rightly rejected by the Director of Public Instruction and the Government. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN Judge TKS