IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 7563 of 2007(A) ------------------------------------- PETITIONER: ------------------- D.KAMALAMBIKA, HEADMISTRESS, H.M.T. EDUCATIONAL SOCIETY HIGH SCHOOL, KALAMASSERY, ERNAKULAM, RESIDING AT KRISHNA SREE, 31/1021-C, RAIL NAGAR, PONNURUNNI, COCHIN-19. BY ADVS. MR.K.J.SAJI ISAAC, DR.ELIZABETH VARKEY. RESPONDENT: ---------------------- GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON 20/10/2009 DELIVERED THE FOLLOWING: W.P.(C). NO.7563/2007-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE PRESIDENT, HMT EDUCATIONAL SOCIETY DTD. 23/06/1979. EXT.P.2: COPY OF THE ORDER DTD. 12/02/1986. EXT.P.3: COPY OF THE ORDER DTD. 30/07/1999. EXT.P.4: COPY OF THE ORDER DTD. 01/04/05. EXT.P.5: COPY OF THE ORDER OF THE RESPONDENT DTD. 20/01/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7563 of 2007-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2009. JUDGMENT The petitioner herein was working as a graduate teacher in the H.M.T. Educational Society High School, Kalamassery from 2.7.1979. It was a recognised school. She secured promotions as Graduate Teacher Grade I and later as Graduate Teacher Senior Grade. The school became an aided High School from 31.10.2000. She was appointed as Headmistress from 1.4.2005, as per Ext.P4 order. The approval for the same having been rejected by various authorities which stands confirmed by the Government as per Ext.P5, the petitioner has approached this court by filing this writ petition. 2. Apparently, the view taken by the various authorities is that as per Rule 44A (1) of Chapter XIV-A K.E.R., for being appointed as Headmistress, there should be 12 years of continuous graduate service in an aided school and therefore the claim of the petitioner cannot be accepted. 3. Learned counsel for the petitioner submitted that the view taken by the authorities below is not correct. Reliance is placed on Rule 44A(1), wherein it is specified that “subject to the provisions contained in sub-rule wpc 7563/2007 2 (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 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.” My attention is also invited to sub-rule (1) of Rule 1 of Chapter XXVI K.E.R. It is provided therein that the Headmaster of an Aided Lower Primary or the Headmaster of an Aided Upper Primary School shall be given the scale of pay applicable to the Headmaster of Government Schools only if he has put in a minimum of 15 years continuous service as teacher in schools recognised by the Department. Therefore, it is submitted that since the school herein was a recognised unaided school and converted as an aided school, the said recognition alone is sufficient for the purpose of considering the claim of the petitioner. 4. Chapter XIV-A is concerned with the conditions of service of aided school teachers. Chapter XXVI also provides for scale of pay of aided school teachers. The conditions of service of recognised unaided schools are provided under Chapter XIV-AA. There is no provision under the said Chapter also to reckon the service of persons like the petitioner in recognised unaided schools after the school is converted as an aided school, wpc 7563/2007 3 for the purpose of promotion to the post of Headmaster and the like. The definition of aided school and recognised school under Section 2(1) of the Kerala Education Act are also important. The two concepts, viz. aided schools and recognised unaided schools are really different. There is no case for the petitioner that when the school became an aided school, under the relevant orders, there was any provision to count the service in the recognised unaided school for reckoning the service in the aided school for promotion and the like. 5. The Government, while considering the issue, in Ext.P5, held that graduate service for the purpose of Rule 44A(1) of Chapter XIV-A K.E.R. 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. Therefore, the view taken is that the said graduate service should be in an aided school, and Chapter XIV-A only governs aided school teachers. Apart from that, for the purpose of promotion as Headmaster, they should fulfill the conditions like acquisition of test qualification also. For all these reasons, the Government was of the view that unless the appointment is of a person having the requisite qualifications under Rule 44A(1) of Chapter wpc 7563/2007 4 XIV-A K.E.R. , the same can only be rejected Thus, it was held that the petitioner is not having continuous 12 years of graduate service. 6. The view taken thus by the Government cannot be said to be arbitrary or illegal as contended by the petitioner. Since Chapter XIV-A and Chapter XXVI of K.E.R. regulate the conditions of service of aided school teachers alone, the petitioner cannot contend for the position that the service in an unaided recognised school should also be reckoned for the purpose of counting 12 years graduate service for promotion as Headmistress. Chapter XXVI Rule 1 also will not help the petitioner. In that view of the matter, no interference is called for on the orders impugned. The writ petition is therefore dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/