IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WA.No. 1198 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23480/2005 Dated 20/03/2006 .................... APPELLANT/ PETITIONER ------------------------ T.V.VIJAYAMADHAVI, DEPUTY HEADMISTRESS (RETIRED), SREEKRISHNA HIGHER SECONDARY SCHOOL, GURUVAYOOR. BY ADV. SMT.V.P.SEEMANDINI, SENIOR ADVOCATE SRI.M.R.ANISON RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, TRICHUR. 3. THE DISTRICT EDUCATION OFFICER, CHAVAKKAD. 4. THE MANAGER, SREEKRISHNA HIGHER SECONDARY SCHOOL, GURUVAYOOR. 5. T.K.LALITHA, HEADMISTRESS, SREEKRISHNA HIGHER SECONDARY SCHOOL, GURUVAYOOR. ADV. SRI.P.NANDAKUMAR,SC,GURUVAYUR DE BOARD GOVT.PLEADER, SMT.BINDU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. --------------------------------- W.A.No.1198 OF 2006 ---------------------------------- Dated this the 12th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner was the Deputy Headmistress of Sree Krishna Higher Secondary School, Guruvayoor. A temporary vacancy in the post of Headmaster arose in her school in April, 2003. Instead of appointing her, the 5th respondent, who was a juniorhand, was put in charge of the post of Principal. Later, when a regular vacancy arose on 1.4.2004, the Manager turned down the appellants claim for promotion to that post and appointed the 5th respondent in her place. Though the petitioner moved the D.E.O., Deputy Director and thereafter the Government, the said statutory authorities rejected her claim by Exts.P3, P4 and P5 orders, respectively. Impugning those orders, the writ petition was filed. The learned Single Judge, after considering the contentions raised by the appellant dismissed the writ petition. Hence, this writ appeal. W.A.No.1198/2006 2 2. It is not in dispute that the petitioner is having all the qualifications prescribed for the post of Headmaster under Rule 2 of Chapter XXX1 KER. She possesses the following qualifications: Sl. No. Qualifications Date of acquisition 1 Title of Oriental Learning in Malayalam. 02/12/1968 2 Language Teachers Training Certificate. 03/06/1970 3 Graduation in Malayalam. 1994 4 B.Ed. 1998 5 M.A.in Malayalam 1999 6 SET 2000 3. The petitioner's claim was rejected by the statutory authorities for the reason that she did not have 12 years service after acquisition of B.Ed degree in 1998. The said stand is taken relying on Rule 44A of Chapter XIV A of the K.E.R. The said rule reads as follows: “44A.(1) Subject to the provisions contained in sub-rule (1) of rule 44, the minimum service qualification for appointment as Headmaster in Aided Complete High Schools/ Training schools shall be twelve years of continuous W.A.No.1198/2006 3 graduate service with a pass in the test in Kerala Education Act and the Kerala Education Rules and a pass in account Test (Lower) conducted by the Kerala Public Service Commission. Provided that Headmasters of High and Training Schools, who were actually holding the said post on the eleventh day of June, 1974 shall stand exempted from passing the Account Test (Lower). Provided further that Teachers who have attained the age of 50 years shall stand exempted permanently from acquiring the test qualification specified in Sub rule (1).” Explanation:- For the purpose of this rule, “Graduate Service” means all service of a teacher as High School Assistant, Training School Assistant, Headmaster of an incomplete High School, Headmaster of a complete Upper Primary School/Middle school or Headmaster of a Training School after acquisition of Collegiate training such as B.T, L.T. or B.Ed. But in the case of such teachers appointed prior to 15-10-1957 their untrained service after graduation shall also be reckoned as “Graduate Service”, provided that their appointments were not in accordance with the Madras Educational Rules. W.A.No.1198/2006 4 Note:- A period of 8 years from 6.11.1968 is given to Headmasters or Aided complete High and Training Schools for passing the test in the Act and Rules. All appointments to the posts of Headmasters of Aided complete High and Training Schools during the period of 8 years from 6.11.1968 shall be provisional. If such persons do not secure the test qualification within the specified period they will be reverted.” 4. The learned counsel for the appellant submitted that going by the explanation, all service rendered by the appellant can be reckoned and the service mentioned in the explanation need not necessarily be after the acquisition of the B.Ed qualification. She joined as HSA Malayalam on 18.6.1971. So, when the vacancy arose, she has more than 32 years service. So, the stand of the respondent is not in consonance with the explanation to the above quoted rule, it is submitted. 5. But, we find it difficult to accept the said contention. The service rendered in the various posts mentioned in the explanation, should be the service rendered after acquisition of collegiate training such as B.T., L.T. or B.Ed. In this case, the W.A.No.1198/2006 5 petitioner acquired B.Ed only in 1998 . So, she does not have the 12 years service after the acquisition of the B.Ed. Therefore, the claim made on behalf of the appellant is plainly untenable. Accordingly, the writ appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps