IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10766 of 2009(M) ------------------------------------- PETITIONER(S): ----------------------- 1. MARTIN T.G., AGED 38 YEARS, HSST, CARDINAL HIGHER SECONDARY SCHOOL, THRIKKAKARA, ERNAKULAM DISTRICT. 2. THE ASSOCIATION OF HSST'S TRANSFERRED/ DEPLOYED FROM COLLEGES, HEAD OFFICE ERNAKULAM, REPRESENTED BY ITS SECRETARY. BY ADVS. MR.TOJAN J. VATHIKULAM SMT.BEENA JOHN MR.R.RAJAGOPAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10766 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.Tojan J.Vathikulam, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The first petitioner is a Higher Secondary School Teacher. The second petitioner is an Association of Higher Secondary School Teachers who were formerly working as Junior Lecturers in colleges. The petitioners have filed this writ petition seeking a direction to the Government to consider the request made by them in Ext.P1 and take a decision thereon within a time limit to be fixed by this Court. A reading of the writ petition and Ext.P1 representation would indicate that the first grievance voiced by the petitioners is that Note (ii) to Rule 4(1) of Chapter XXXII of the Kerala Education Rules gives preference to Aided Higher Secondary School Teachers having teaching experience at the Higher Secondary School level, but does not give preference to College Lecturers who have teaching experience at Pre-degree and Degree level but were later thrown out of Colleges due to the abolition of the Pre- degree course and deployed in Aided Higher Secondary Schools. The second grievance is regarding the Note to Rule 6(1) of Chapter XXXII of WP(C).No.10766/2009 2 the Kerala Education Rules which states that preference shall be given based on the teaching experience at Higher Secondary level. 3. The learned Government Pleader appearing for the respondents submits that the Government are contemplating an amendment to Chapter XXXII of the KER regarding the experience required for appointment to the post of Principal and that the process of amendment is nearing completion. Since the Government are already contemplating to amend the stipulation regarding experience for appointment to the post of Principal, I am of the opinion that this writ petition can be disposed of with a direction to the Government to consider the request made by the petitioners in Ext.P1 and take a decision thereon expeditiously and in any case before the proposed amendment is finalised. The request made by the petitioners in Ext.P1 shall be circulated to all the service organizations which were involved in the discussions regarding the proposed amendment and they and the office bearers of the second petitioner association, shall be given a reasonable opportunity to put forward their views before a final decision is taken in the matter. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS