High Court Kerala High Court

V.K.Sreeja Lakshmy vs District Educational Officer on 10 January, 2007

Kerala High Court
V.K.Sreeja Lakshmy vs District Educational Officer on 10 January, 2007
       

  

  

 
 
  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

:: 3 ::

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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