IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 593 of 2003(U) --------------------- PETITIONER: ------------ A.RAGHAVAN, ASST. EDUCATION OFFICER, MANANTHAVADY, MANANTHAVADY P.O., WAYANAD DISTRICT BY ADV. SRI.S.M.PRASANTH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM 2. DIRECTOR OF PUBLIC INSTRUCTION, GOCVT. OF KERALA, THIRUVANANTHAPURAM 3. KURUVILLA JOSEPH, KERALA GENERAL EDUCATION SERVICE C/O. DIRECTOR, PUBLIC INSTRUCTIONS, GOVT. OF KERALA, THIRUVANANTHAPURAM 4. N.C.CHANDRAN, SUB DISTRICT EDUCATION OFFICE, SUPER CHOCK CELL, KOZHIKODE 5. P.K.ACHUTHAN, HEADMASTER, G.G.H.S., ADOOR 6. V.V.VELAYUTHAN, GOVT. BOYS H.S.S., CHWERTHALA 7. V.RAJENDRAN, GOCVT.HIGH SCHOOL, VANCHIKEEZH, KOLLAM 8. T.P.SIVARAMAN, SUB DISTRICT EDUCATION OFFICER, ADOOR. 9. P.K.SURENDRAN, SUB DISTRICT EDUCATIONAL OFFICER, CHERAYOOR 10. K.SUKUMARAN, SUB DISTRICT EDUCATION OFFICER, MELADI. BY ADV. SRI.BIJI MATHEW G.P. SHRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.593/03. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DTD.24.5.96 BY R2. P2. COPY OF THE REPRESENTATION DTD.6.6.02 BEFORE R2. P3. COPY OF THE ORDER DTD.8.8.02 BY R2. P4. COPY OF THE CIRCULAR DTD.4.7.02 BY R2. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 593 of 2003 ================== Dated this the 13th day of February, 2008 J U D G M E N T The petitioner filed this writ petition while he was still in service as Headmaster/Assistant Educational Officer. Subsequent to the filing of the original petition, he retired from service. He was appointed as an H.S.A. on 26.10.1971. He got promotion as HM/AEO on 24.5.1996. However, he did not get any further promotion as District Educational Officer. Petitioner's grievance is in relation to his claim for promotion to the post of District Educational Officer and seeks the following reliefs: “i) To declare that the denial of promotion to the petitioner to the cadre of D.E.O. is violative of Articles 14 & 16 of the Constitution and in violation of Special Rules for Kerala General Education Service: ii) To declare the promotion of special recruitees in the cadre of HM/A.E.O. to the cadre of D.E.O. in total exclusion of those candidate who have promoted in the normal channel to the cadre of A.E.O. amounts to 100% reservation and consequently violative of Articles 14 & 16 of the Constitution. iii) To call for the records leading upto Exhibit-P3 and quash the same by writ of certiorari or any other appropriate writ, order or direction; iv) To call for the records leading upto Exhibit P4 and quash the same by writ of certiorari or any other appropriate writ, order or 2 direction.” 2. The contention of the petitioner is that as per the Kerala General Education Special Rules, promotion to the post of District Educational Officer/Assistant Director (Planning)/Asst. Director (Office)/ Assistant Secretary (Examination Wing), is to be effected from categories 1 and 2 of Class II, viz., Chief Instructor, Hindi Teachers' Training Institutes and Headmasters of Departmental High Schools/Headmasters of Departmental Training Schools/Assistant Education Officers and (1) from Personal Assistant to District Educational Officer from categories 1 and 2 of Class II and (2) by direct recruitment in the ratio of 2:1. The petitioner points out that under Note 4 of Rule 3 of Clause 1 of Kerala General Education Service Special Rues, promotion to category of District Educational Officer and category equivalent thereto, shall be made from an integrated seniority list of persons in the feeder categories determined with reference to the total length of service each person has put in as HSA. The petitioner filed Ext.P2 representation before the Director of Public Instruction, who has by Ext.P3, informed the petitioner that since the persons who have been promoted as HM/AEO in the year 3 1990, are yet to be promoted as District Educational Officer and therefore, the petitioner who was promoted during 1996 will be considered for promotion in due course according to the seniority in the cadre of HM/AEO. The petitioner would contend that Ext.P3 itself shows that the Director of Public Instruction has ignored Note 4 of the Special Rules while considering Ext.P2 representation. The petitioner submits that the petitioner being a very senior High School Assistant, before being promoted as HM/AEO and going by the length of service as HSA, as prescribed in Note 4, the petitioner would be one of the senior most persons eligible for promotion to the post of District Educational Officer. 3. Petitioner's another contention is that since the persons who have been specially recruited in the reservation quota prescribed for SC/ST enter service at a young age and become senior within a short time, giving promotion to them in preference to other persons who are in service would amount to 100% reservation and is violative of Articles 14 and 16 of the Constitution. 4. I have considered the rival contentions in detail. 4 5. Essentially what the petitioner seeks is promotion to the post of District Educational Officer. For that, he must necessarily show that in accordance with the Special Rules he is the person next in line for such promotion. This can be done only by producing materials to show that any person junior to the petitioner, as per Note 4 of the Special Rules, has been so promoted. The petitioner has not produced any material whatsoever before me to prove that any junior of the petitioner as per Note 4 of the Special Rules has been so promoted, without which, the petitioner cannot sustain a claim for promotion. In the above circumstances, I do not find any merit in this original petition and accordingly the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 5 S.SIRI JAGAN, J. ================ O.P.No. 593 of 2003-U ================ 13th February, 2008