JOSE GEORGE Vs. STATE OF KERALA,

JUDGEMENT

(1.) The petitioner was appointed as Lower Division Clerk in the Vocational Higher Secondary Education Department and thereafter, he was promoted as Upper Division Clerk. As per Ext.P2 order dated 16.3.1998, the petitioner was appointed as Non-Vocational Teacher in Biology under Rule 9(a)(i) of the General Rules. The petitioner was working as Non-Vocational Teacher in Biology in Government Vocational Higher Secondary School, Kothala, Kottayam District. While so, Ext.P3 order dated 20.7.2010 was passed by the Director, Vocational Higher Secondary Education, transferring and posting the petitioner at Government Vocational Higher Secondary School, Maniyarankudy, Idukki. According to the petitioner, Ext.P3 order was issued to facilitate appointment of the fourth respondent, on the influence exerted by the fourth respondent. By Ext.P4 order dated 20.7.2010, the Principal of Government Vocational Higher Secondary School, Kothala, Kottayam was directed to relieve the petitioner. Accordingly, Ext.P5 order dated 21.7.2010 was issued by the Principal relieving the petitioner of his duty on the afternoon of 21.7.2010 to join in Government Vocational Higher Secondary School, Maniyarankudy, Idukki. The petitioner challenges Exts.P3, P4 and P5 orders in this Writ Petition. There is also a prayer for the issue of a writ of mandamus commanding respondents 1 to 3 to allow the petitioner to continue as Non-Vocational Teacher in Biology in Government Vocational Higher Secondary School, Kothala and to appoint the fourth respondent in the vacancy at Government Vocational Higher Secondary School, Maniyarankudy, Idukki.

(2.) A statement is filed by the Assistant Director, VHSE, Regional Office, Ernakulam, for and on behalf of the second respondent, wherein it is stated as follows:

(3.) Special Rules in respect of Vocational Higher Secondary Education State and State Subordinate Service was issued and came into force with effect from 12.3.2004. As per Rule 3 in the Special Rules, there is a provision for "by transfer" appointment to the categories of Vocational Teachers, Non Vocational Teacher and Vocational Instructor from among qualified ministerial staff. The department provided that they qualify eligibility test by the PSC. Hence, the qualified ministerial staff in the department can seek regular appointment on "By Transfer" method after qualifying the test conducted by the PSC. The PSC had already invited application and advised candidates to various post for regular appointment. The said process of advice was nearing completion. The petitioner was provisionally employed under Rule 9(a)(1). He was transferred to accommodate the 4th respondent a PSC hand. Most of the provisional teachers were continuing in service do not have the sufficient qualification prescribed in the Special Rules. Those who have qualifications would get an opportunity to appear for the examination conducted by the PSC. Hence, as per the existing law, there is no provision to allow the petitioner to continue in service. The petitioner herein was transferred to Maniyarankudy without reverting him. In the circumstances, the transfer is in order. In the above circumstance, the writ petition deserves no merit and liable to be dismissed.