IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 17633 of 2003(Y) ----------------------------------------- PETITIONER(S): ----------------------- K.R.VIJAYAN, S/O. LATE RAGHAVA WARRIER, AGED 53 YEARS, HIGH SCHOOL ASSISTANT (SANSKRIT) BRAHMANANDODAYAM HIGH SCHOOL, KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, ALWAYE, ERNAKULAM DISTRICT. 4. THE MANAGER, BRAHMANANDODAYAM HIGH SCHOOL, KALADY, ERNAKULAM DISTRICT. 5. SMT.K.SARADAMANI, (HEADMASTER APPOINTEE) H.S.A. (NATURAL SCIENCE) BRAHMANANDODAYAM HIGH SCHOOL, KALADY, ERNAKULAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.M.R.SREELATHA R5 BY ADV. MR.M.P.KRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.3133/2003 IN WPC. NO.17633/2003 DISMISSED 13/11/2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LR. OF THE DEPUTY CONTROLLER (EXAM.) RASHTRIYA SANSKRIT SANSTHAN. DTD. 18.11.1998. P2:- COPY OF THE LETTER NO.D3/E-3599/98/DPI OF THE 2ND RESPONDENT DTD. 5.1.99. P3:- COPY OF THE ORDER IN CMP. 19297/99 IN OP. NO.12031/1999. DTD. 26.5.99. P4:- COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DTD. 31.5.99. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH AND 3RD RESPONDENT DTD. 1.6.99. P6:- COPY OF THE JUDGMENT IN WA. 156/2002 DTD. 31.10.02. P7:- COPY OF THE G.O.(RT) NO.4583/02/G1.EDN. OF THE GOVERNMENT DTD. 27.12.02. P8:- COPY OF THE ORDER NO.11850/A2/03/G1.EDN. OF THE GOVERNMENT DTD. 15.3.03. P9:- COPY OF THE CERTIFICATE OF THE PETITIONER DTD. 5.11.85. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE ACCOUNT TEST (LOWER) CERTIFICATE NO.10580/89 DTD. 12.10.89 ISSUED BY THE UNDER SECRETARY, KERALA PUBLIC SERICE COMMISSION. R5(b):- COPY OF THE CERTIFICATE NO.3542/96,. DTD. 11.3.96 ISSUED BY THE UNDER SECRETARY, KERALA PUBLIC SERVICE COMMISSION. R5(c):- COPY OF THE COMMON JUDGMENT, DTD. 24.10.01 IN OP. 12031/99 AND OP. 14851/99 PASSED BY THIS HONOURABLE COURT. R5(d):- COPY OF THE ORDER DTD. 7TH DECEMBER 2001 IN REVIEW PETITION NO.594/01 IN OP. 12031/99. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17633/2003-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2009 J U D G M E N T The petitioner was working as a High School Assistant (Sanskrit) having the qualification of B.A (Sanskrit) and Shiksha Shasthri (B.Ed). A vacancy of Headmaster arose in the school on 01/06/1999. The main relief sought for in the writ petition is to quash Exts.P8 and P9. He further seeks for a direction to the Government to appoint him as Headmaster with effect from 01/06/1999. 2. The issue is covered against the petitioner in the light of the decision of the learned Single Judge in Susamma Varghese v. State of Kerala [2002 (1) KLT SN.26, (C.No.30)]. It was directed that Shiksha Shasthri Examination can be treated as equivalent to B.Ed for purposes of promotion to the post of Headmaster in aided schools if the date of occurrence of vacancy is after 03/08/2001 when amendment was effected to R.2(1) Chapter XXXI making equivalent qualification also admissible. The said Judgment have been confirmed in Writ Appeal No.77/2002. Herein, the vacancy arose prior to that date and hence, the petitioner is not eligible. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms