IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 18707 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------ NANDAKUMAR P.,HSST (POLITICAL SCIENCE) GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, KODUNGALLUR THRISSUR DT-680664 BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (FOR EFFECTING PROMOTION AS PRINCIPALS IN GOVERNMENT HIGHER SECONDARY SCHOOLS) REPRESENTED BY THE CONVENER, SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18707/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 13.9.07 IN WPC. NO.27301/2007(A). P2:- COPY OF THE ORDER NO.5283/U2/07/G1.EDN. DTD. 1.7.08 ISSUED BY IST RESPONDENT. P3:- COPY OF THE RELEVANT PAGES OF G.O.(P) NO.144/01 G.EDN. DTD. 16.4.01. P4:- COPY OF THE G.O.(MS) NO.11/06/G.EDN. DTD. 6.1.06. P5:- COPY OF THE ORDER NO.AD.B1/S-18/03/HSE/PT/VIII DT. 4.4.08 ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE G.O.(P) NO.92/09 /G1.E DTD. 27.3.09. P7:- COPY OF THE REPRESENTATIONS DTD. 13.7.09 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18707/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of July, 2009 J U D G M E N T The petitioner herein is working as Higher Secondary School Teacher (Political Science) in the Government Girls Higher Secondary School, Kodungallur. The main prayer in the writ petition is for a direction to the respondents to promote the petitioner to the post of Principal with retrospective effect from 06/01/2006. 2. Ext.P1 is the judgment rendered by this Court in W.P.(C). No.27301/2007 wherein the claim of the petitioner herein and five others for promotion as Principal was directed to be considered. Thereafter, by Ext.P2, directions were issued by the Government to the Director of Higher Secondary Education to take urgent steps to consider the claim of the petitioner and others who have forwarded Ext.P4 series proforma and to include them in the seniority list/field of choice to be present before the Departmental Promotion Committee for preparing the select list for the post of Principal Higher Secondary School. Ext.P3 is the copy of the Special Rules in force. Going by Ext.P3, the minimum approved teaching experience required is 12 years for promotion as Principal. W.P.(C). No.18707/2009 -:2:- 3. Ext.P4 is the order by which the Government created posts of Principal in Government and Aided Higher Secondary Schools in the State. The petitioner is now holding the full additional charge of Principal from 04/04/2008. 4. Presently, by Ext.P6, the statutory rules have been amended and minimum approved teaching experience of 12 years in the Kerala Higher Secondary Education State Service and Kerala Higher Secondary Education Subordinate Service is prescribed. As per Note-1 in Ext.P6, “In the absence of persons having qualification as specified above, teaching experience in Government Schools at High School/Upper Primary/Lower Primary Schools in the General Education Service shall be considered”, and going by Note-3, such persons must possess a minimum service of six years as Higher Secondary School Teacher (Senior/Junior). The grievance raised by the petitioner in paragraph (8) of the writ petition is that amendment will deprive the entitlement of the petitioner and similarly placed teachers for promotion. Accordingly, he is challenging the validity of Ext.P6 Rules. It is further contended that eligibility of promotion is to be reckoned as on the date of occurrence of the vacancy. 5. Along with I.A.No.9313/2009, petitioner has produced Ext.P7 W.P.(C). No.18707/2009 -:3:- representation addressed to the Government. The petitioner is seeking indulgence of the Government to promote him on the basis of the unamended rules and orders as an exceptional case. It is prayed that the Government may be directed to consider his claim in the light of Rules 35 (b) and 39 Part II, K.S. & S.S.R. 6. Heard the learned Government Pleader. It is submitted that in the light of the statutory amendments made by the Government, the petitioner will have to fulfil the criteria which are fixed by the amended rules. 7. The learned counsel for the petitioner submitted that the Government may be directed to take a decision on Ext.P7 in the light of Rules 35 (b) and 39 Part II, K.S. & S.S.R., 8. I am not expressing anything on the merits of the matter. It is for the Government to take a decision on Ext.P7 after considering various aspects. There will be a direction to the first respondent to take a decision on Ext.P7, within a period of two months from the date of receipt of a copy of the judgment, after hearing the petitioner also. 9. The learned counsel for the petitioner submitted that there are very few persons like the petitioner who are now holding the benefit of W.P.(C). No.18707/2009 -:4:- Ext.P2 Government Order. It is pointed out that in W.A.No.470/2009, more or less a similar issue was considered by this Court in a matter of Health Department. It is upto the petitioner to produce the said judgment before the Government and invite their attention to the legal contentions that were decided by this Court therein at that point of time. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms