(1.) The petitioner, who has been working as Assistant Teacher in Kerala School run by the Kerala Education Society, the third respondent, has challenged the selection made by the Departmental Promotion Committee of the third respondent on 29.11.1994 recommending the 4th respondent to the post as T.G.T. (Biology).
(2.) The basis for the challenge is that the petitioner being the senior most Assistant Teacher with more than 5-1/2 years teaching experience has been ignored in preference to respondent No.4, who was employed in non-teaching category as Laboratory Assistant and was not eligible for being considered for promotion to the post of T.G.T.(Biology).
(3.) The admitted facts are that the petitioner having degree of B.Sc. & B.Ed. was appointed as Assistant Teacher in Kerala School run by respondent No.3 pursuant to the offer (annexure-P.4) dated 28.2.1989. She joined the school on 1.3.1990 and her appointment was duly approved with effect from 15.7.1989 by the Director of Education through letter (annexure- P.5) dated 15.7.1989. At the time of appointment of the petitioner as an Assistant Teacher, respondent No.4 was working as Laboratory Assistant in the school, who joined the school in March,1988. She acquired B.Ed.degree in 1989 and later on did M.Sc. in the year 1994. The petitioner has alleged that she has continuously been working against the post of Assistant Teacher, whereas respondent No.4 as Laboratory Assistant with the aforementioned qualifications. On these admitted facts parties were heard.