IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17633 of 2003(Y)
1. K.R.VIJAYAN, S/O. LATE RAGHAVA WARRIER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE MANAGER, BRAHMANANDODAYAM HIGH
5. SMT.K.SARADAMANI, (HEADMASTER APPOINTEE)
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :SRI.M.P.KRISHNAN NAIR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/11/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.17633/2003-Y
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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