IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 11238 of 2008(K) -------------------------------------- PETITIONER(S): --------------------- SUSAN.V.PAUL, HSA (ENGLISH), STANDARD POTTERY WORKS HIGH SCHOOL, ALUVA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SATHEESAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 3. THE MANAGER, STANDARD POTTERY WORKS HIGH SCHOOL, ALUVA. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 11238/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.B2-5963/03/K.DIS. DATED 28/07/03 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER NO.51171/E2/03/G.EDN. DATED 08/12/2003 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE G.O.(RT)NO.3501/04/G.EDN. DATED 10/08/2004 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE G.O.(RT)NO.4885/05/GEDN. DATED 17/10/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE G.O.(RT)NO.1447/06/G.EDN. DATED 05/04/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE PROVISIONAL CERTIFICATE DATED 27/03/2007 ISSUED BY THE ANNAMALAI UNIVERSITY TO THE PETITIONER. EXT.P7: COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY THE DAKSHINABHARATHA HINDI PRACHARA SABHA ON 26/06/2002. EXT.P8: COPY OF THE JUDGMENT DATED 27/06/2007 IN W.P.(C). NO. 15730/2006 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE G.O.(RT)NO.757/08/G.EDN. DATED 11/02/08 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF THE CIRCULAR DATED 25/07/07 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.P11: COPY OF THE G.O.(RT)NO.1048/08/H.EDN. DATED 15/07/2008 ISSUED BY THE 1ST RESPODENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No.11238 OF 2008 ------------------------------------- Dated this the 18th day of November 2008 J U D G M E N T It is stated that a retirement vacancy of HSA (Social Studies) arose in the school of which the 3rd respondent is the Manager. According to the petitioner, in terms of the notification dated 07/01/2002, the Manager invited applications for appointing an HSA(English) specifying the qualifications prescribed in the aforesaid notification and that none was available. In those circumstances, she was appointed as HSA(English) with effect from 02/06/2003. 2. At the time of appointment, the petitioner's Degree was in Psychology and B.Ed. in English. Approval sought for was rejected and that was confirmed in appeal and revision evidenced by Exts.P1, P2 and P5. The petitioner submits that, in the meanwhile she passed M.A. (English) in December, 2006, and Ext.P6 is the certificate. W.P.(C) No.11238/2008 -2- Ext.P7 is the certificate evidencing acquisition of B.Ed. degree in English. 3. The petitioner submits that against Ext.P5, the Manager had filed a revision before the Government. Complaining of delay in the disposal of the revision, the petitioner filed a writ petition before this Court as WP(C) No.15730/2006, and that writ petition was disposed of by Ext.P8 judgment directing disposal of the revision taking into account Exts.P3 & P4 special orders, relaxing the provisions in the Government order dated 07/01/2002. Ultimately, the Government rejected the revision by Ext.P9, and in this writ petition, the aforesaid order declining approval of her appointment as HSA(English) is under challenge. 4. Admittedly, in view of the notification dated 07/01/2002, the appointment made ought to have been to be post of HSA(English), and for that, the qualification prescribed is a degree in English with B.Ed in English. It is W.P.(C) No.11238/2008 -3- seen that at the time when she was appointed on 02/06/2003, petitioner's graduation was in Psychology. If that be so, the petitioner could not have been appointed as an HSA(English). 5. Exts.P3 & P4 are the orders that are relied on by the petitioner to contend that relaxation from the provisions of the notification dated 07/01/2002 has been granted by the Government in those cases and therefore, she should also be given the same benefit. A reading of the orders show that the appointees were qualified persons, and as the petitioner was unqualified, the benefit of the order cannot be claimed. 6. The learned counsel for the petitioner contends that, at any rate, she has acquired Post Graduation in English as per Ext.P6 certificate. On this basis, it is prayed that approval may be granted at least for the period subsequent to the acquisition of M.A. in English. As already noticed, her appointment as HSA (English) was at a time W.P.(C) No.11238/2008 -4- when she was unqualified. Therefore, if at all, the case of the petitioner has to be considered as prayed for only if an appropriate proposal for approval is made by the Manager. 7. Therefore, it is clarified that, in the event, the Manager makes a proper proposal seeking approval of appointment of the petitioner as a qualified HSA (English) that will be considered by the 2nd respondent in accordance with law. With these clarifications, the writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg