LAWS(KER)-2000-8-20

GIRIJA Vs. STATE OF KERALA

Decided On August 30, 2000
GIRIJA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is a permanent U.P. School Assistant in the U.P. Section of the fourth respondent School. The petitioner is having qualification of B.Sc. and M.Sc. in Zoology and B.Ed. The petitioner has also passed Rakshtra Bhasha Praveen Degree Examination of the Dakshin Bharath Hindi Prachara Sabha, Madras. The above qualification has been prescribed as a necessary qualification for appointment as High School Assistant (Hindi) under Chap.31 of K.E.R. When a vacancy of H.S.A. (Hindi) arose on 1.6.1999 inn the School of the fourth respondent, the 6th respondent was appointed as a fresh hand. The request of the petitioner for promotion under R.43 of K.E.R. was rejected by the fourth respondent Manager. But the third respondent accepted the claim of the petitioner and rejected the approval of the appointment of the fifth respondent. Against the above order the fourth respondent took up the matter before the second respondent. The second respondent by Ext. P5 order allowed the appeal of the fourth respondent Manager and directed to approve the appointment of the fifth respondent. The reason for allowing the above request is that the petitioner is eligible to be promoted as H.S.A. (Natural Science) only and not as H.S.A. (Hindi). This is because the petitioner's training qualification, namely, B.Ed. was in only Natural Science and not in Hindi. The second respondent has read as reference No. 4 a Government Order dated 12.4.1999 which has been produced by the petitioner as Ext. P6. In Ext. P6 the Government took the view that the training qualification also must be in Hindi for the purpose of appointment as H.S.A. (Hindi).

(2.) Ext. P6 was challenged before this Court by the aggrieved party and this Court in Ext. P7 judgment (produced along with reply affidavit) directed the Government to reconsider the matter. Thereafter by Ext. P8 order the Government cancelled Ext. P6 order. In Ext. P8 order the Government held that as per R.2(iv)B of Chap.31 K.E.R. a person should be a B.Ed./B.T./L.T. conferred or recognised by the Universities in Kerala. Nowhere in the rule it is stipulated that the B.Ed. Degree should be in Hindi. Therefore, it was held that the claimant in the above case was fully qualified to be appointed as H.S.A. (Hindi).

(3.) Confronted with the above position the learned counsel for respondents 4 and 5 contended that the training qualification possessed by the petitioner does not satisfy the requirements of the training qualification prescribed under R.2 of Chap.31 K.E.R. The following are the training qualifications prescribed in the above rule: