IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 63 of 2007()
1. V.K.SREEJA LAKSHMY,
... Petitioner
Vs
1. DISTRICT EDUCATIONAL OFFICER,
... Respondent
2. DEPUTY DIRECTOR OF EDUCATION,
3. DIRECTOR OF PUBLIC INSTRUCTION,
4. STATE OF KERALA, REPRESENTED BY
5. SARALA KUMARI, UPSA, PPMHS,
6. THE MANAGER, PPMHS, KARAKONAM,
For Petitioner :SRI.J.S.AJITHKUMAR
For Respondent :SRI.P.PARAMESWARAN NAIR
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :10/01/2007
O R D E R
K.A.ABDUL GAFOOR &
K.R.UDAYABHANU, JJ.
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W.A.No.63 of 2007
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Dated this the 10th day of January, 2007.
JUDGMENT
Abdul Gafoor, J.
It is true that the appellant/writ petitioner is
working as Upper Primary School Assistant
(Malayalam) since 16.10.2000 in the Upper Primary
School managed by the 6th respondent. It is also true
that a vacancy of High School Assistant (Malayalam)
had occurred on 1.6.2004. It is also an admitted case
that B.Ed. is an essential qualification for appointment
as High School Assistant. Language teachers working
in Upper Primary Schools are entitled to claim
promotion to the post of High School Assistant,
provided they are qualified. It is submitted that the
appellant/writ petitioner had acquired B.Ed. degree in
W.A.No.63 of 2007
:: 2 ::
the year 1995 from Manonmaniam Sundaranar
University Thirunelveli, Tamil Nadu. But as is
revealed by Ext.R5(a) Government Order dated
5.3.2004, B.Ed degree from Manonmaniam
Sundaranar University, which is a week end degree
course, shall not be accepted as an equivalent
qualification to regular B.Ed degree course conducted
in the State for the purpose of appointment to
teaching posts.
2. Going by the provisions in Chapter XXXI
Kerala Education Rules, the qualification prescribed
for the post of High School Assistant is B.Ed degree
conferred by any of the Universities in Kerala or
recognised as an equivalent. Ext.R5(a) order dated
5.3.2004 reveals that the B.Ed degree possessed by
the appellant/writ petitioner did not have any
recognition or equivalence with the B.Ed degree,
which is made mandatory in terms of the Rules in
W.A.No.63 of 2007
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Chapter XXXI of the Kerala Education Rules.
Necessarily, Ext.R5(a) shall have to be applied, when
the vacancy arose on 1.6.2004, in this case, is to be
filled up.
Necessarily, the finding of the authorities
and the learned single Judge, that in terms of Ext.R5
(a), the appellant/writ petitioner was not qualified for
promotion is perfectly justified and it does not call for
any interference.
Appeal fails, dismissed.
Sd/-
(K.A.ABDUL GAFOOR)
JUDGE
Sd/-
(K.R.UDAYABHANU)
JUDGE
sk/
//true copy//
P.S. To Judge.
K.A.ABDUL GAFOOR &
K.R.UDAYABHANU, JJ.
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W.A.No.63 of 2007
JUDGMENT
10th January, 2007.
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