IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 33983 of 2008(U) -------------------------------------- PETITIONER(S): ----------------------- 1. M.H.MUNEER, P.D.TEACHER, GOVT. U.P.S., JAWAHAR COLONEY, PALODE, TRIVANDRUM 695 562. 2. R.JAYASREE, P.D.TEACHER , -DO- 3. K.R.BEENA, P.D.TEACHER, GOVT. L.P.S, KARIMANCODE, PALODE, TRIVANDRUM 695 562. BY ADV. SRI.S.MOHANDAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM 695 001. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695 007. GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No.33983 OF 2008 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T The petitioners are working as Primary Departmental Teachers in Government Upper Primary / Lower Primary schools. They have filed this writ petition mainly praying to declare that the term “in the absence of HSA” used in Rule 3 (2) of the Special Rules for Kerala Higher Secondary Education State Service Rules, 2001, and Rule 3(1) of the Special Rules is irrational, arbitrary and contrary to Ext.P1 Government Order. On that basis, they are also seeking to quash Ext.P2 notification to the extent mentioned above. 2. Evidently, the posts of HSST are to be filled up in terms of the Special Rules, referred to above, and only in the absence of qualified hands, in the other categories, by- transfer method is resorted to from among UPSAs/LPSAs, for filling up the vacancies. The main ground, on which the petitioners submit that the Special Rules are illegal, is that W.P.(C) No.33983/2008 -2- in Ext.P1, a Government order dated 13/05/1998, it was provided that 25% of the vacancies will be reserved for appointment from qualified HSAs/LPSAs. According to the petitioners, since the Government have made its policy by Ext.P1, the Special Rules could not have been otherwise than in compliance with Ext.P1. In my view, if at all, Ext.P1 reflects the policy of the Government, and the Rules also reflects the policy formulated by the Government, and if the Government is competent to frame Ext.P1 policy, it is equally competent to frame the Special Rules reflecting its policy. The policy need not be static and it can be reviewed and replaced. Therefore, Ext.P1 policy does not make the Rule in any manner irrational or illegal as contended by the petitioner. For that reason, I am not in a position to find anything objectionable in the Special Rules, which incorporates a term “in the absence of HSA” in Rule 3(2) and 3(1) of Special Rules. The writ petition fails and is, accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg