STATE OF KERALA Vs. M.GEETHA GEETHANJALI

JUDGEMENT

(1.) THE underlying question that arises for decision in this batch of cases is whether the B.Ed. holders are eligible to apply for the post of Lower Primary School (LPS)/Upper Primary School (UPS) Assistants in the Education Department of the State of Kerala. This question has been originally raised in the writ petition, O.P. No. 19187 of 1997 filed by a T.T.C. holder from Pathanamthitta district, inter alia praying for a declaration that B.Ed. as a training qualification is not equivalent to T.T.C. That writ petition was allowed by this Court ordering that B.Ed. holders who are not having T.T.C. and who have been included in the rank list should be deleted from it. It is against the said judgment the Writ Appeal No. 74/99 has been filed by the State of Kerala, the first respondent in the original petition, (we adopt this appeal as the leading case for the purpose of this judgment). Apprehending that the judgment in O.P. No. 19187 of 1997 would generally affect the B.Ed. holders in other districts as well, they filed connected writ appeals after obtaining leave from this Court inasmuch as they were not parties to the said writ petition. The T.T.C. holders indifferent districts have also filed the writ petitions which are being heard along with the writ appeals, challenging the inclusion of B.Ed. holders in the ranked list.

(2.) FOR special teachers coming under Drawing, Sewing etc. Group Diploma/Group Certificate has been prescribed as professional qualifications. Details of the group diploma/group certificate are contained in the circular No. H4 -128441/74 dated 17 -1 -1975 of the Director of Public Instruction, a copy of which is appended.

(3.) IN addition to the above Government order, the Standing Counsel for the Public Service Commission submits that the provisions contained in Rule 10(a)(ii) of the Kerala State & Subordinate Services Rules, 1958 is also relevant in the process of selection and appointment in the case of Government school teachers. The said Rule as amended by the Kerala State and Subordinate Services (Amendment) Rules, 1998 is as follows :