IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 3699 of 2008(M) ---------------------------------------- PETITIONER(S): ------------------------- 1. JOMY M.THOMAS, H.S.S.T.(COMMERCE), ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL VAZHITHALA, THODUPUZHA VIA, IDUKKI DISTRICT. 2. SAJI JOHN, H.S.S.T.(ENGLISH) ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, VAZHITHALA, THODUPUZHA VIA, IDUKKI DISTRICT. BY ADV. SRI.P.J.MATHEW RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION , HOUSING BOARD BUILDING,SANTHINAGAR, THIRUVANANTHAPURAM. 3. THE SECRETARY, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALM, BISHOP'S HOUSE, KOTHAMANGALAM. 4. THE PRINCIPAL, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL VAZHITHALA, THODUPUZHA VIA, IDUKKI DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA R3 & R4 BY ADV. SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3699/2008 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER PASSED BY THE 3RD RESPONDENT DTD. 20/12/2001. P2: COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER PASSED BY THE 3RD RESPONDENT DTD. 20/12/2001. P3: COPY OF THE CERTIFICATE (SET) OF THE 1ST PETITIONER DTD. 02/04/2002. P4: COPY OF THE CERTIFICATE (SET) OF THE 2ND PETITIONER DTD.02/04/2002. P5: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD. 07/09/2002. P6: COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DTD. 05/06/2002 ISSUED BY THE 3RD RESPONDENT. P7: COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 05/06/2002 ISSUED BY THE 3RD RESPONDENT. P8: COPY OF THE ORDER OF THE 2ND RESPONDENT TD. 08/03/2003. P9: COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DTD. 04/07/2007. P10: COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DTD. 04/07/2007. P11: COPY OF THE DECLARATION DTD. 16/10/2007 PASSED BY THE 3RD RESPONDENT. P12: COPY OF THE DECLARATION DTD. 16/10/2007 PASSED BY THE 3RD RESPONDENT. P13: COPY OF THE G.O.(RT) NO.5671/07/G.EDN. DTD. 12/12/2007. P14: COPY OF THE LETTER DTD. 22/10/2007 ISSUED BY THE L.B.S.CENTRE FOR SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3699/2008-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of December, 2010 J U D G M E N T In this writ petition, the petitioners seek for a grant of approval of their appointment with effect from 20/12/2001 or in the alternative from 28/03/2002. They were appointed as H.S.S.T in St.Sebastian's Higher Secondary School, Vazhithala w.e.f. 20/12/2001 as per Exts.P1 and P2. They have been working there without any break. 2. The Special Rules for the Higher Secondary School Teachers came into force with effect from 12/11/2001 and going by the qualifications prescribed for appointment to the post of H.S.S.T, they should have a second class Master's Degree, B.Ed and a pass in SET. 3. The petitioners were admittedly not having the SET qualification as on the date of appointment. The Government did not conduct the test till 17/03/2002 and the petitioners appeared for the said examination on 17/03/2002 and passed the same on 02/04/2002 which is evidenced by Exts.P3 & P4. Now, the approval of W.P.(C). No.3699/2008 -:2:- appointment of the petitioners is granted only from 05/08/2002 as per Ext.P13 Government Order. 4. The learned counsel for the petitioners submitted that at least the petitioners are entitled to be granted approval from the date of examination i.e. 17/03/2002 or from 02/04/2002 i.e. the date of passing the test. 5. In the counter affidavit filed by the second respondent it is pointed out that SET is an essential qualification and, therefore, the appointments were against the Special Rules. They were appointed on 20/12/2001 but they passed the test only on 02/04/2002 i.e. the date of issuance of the certificate. 05/08/2002 is the date of commencement of plus one classes, namely, 2nd post as per the existing norms for the approval of appointment. 6. Evidently, the petitioners were appointed when the additional batch was sanctioned but, without having the qualification under the Special Rules. That was not recognised by the respondents rightly. By Ext.P5 approval was not granted. Fresh appointment orders W.P.(C). No.3699/2008 -:3:- were issued on 05/06/2002 as per Exts.P6 and P7. If the date 02/04/2002 is reckoned, then normally, that would be vacation for the school also. Their appointments can therefore be approved only from the date of commencement of the classes which is granted already by the Government as per Ext.P13. 7. Evidently, they cannot have a right for approval from 17/03/2002 or 02/04/2002 in the absence of any enabling provisions under the Special Rules. Therefore, I do not find anything wrong in the order passed by the Government. The General Rules under the K.S & S.S.R are not applicable to the teachers like the petitioners. For all these reasons, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms