C M BINDU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner and the fourth respondent were appointed as High School Assistants (Physical Science) with effect from 18.9.2000 in Mattannur Higher Secondary School, Mattannur. Those appointments were approved. As such, the petitioner and the fourth respondent became claimants under Rule 51A of Chapter XIV A of the Kerala Education Rules. Subsequently, when vacancies arose in the Upper Primary Section of the School, the petitioner and the fourth respondent were appointed as UPSA with effect from 4.6.2008. Before the question of approval was considered by the District Educational Officer, the petitioner raised objection to the approval of the appointment of the fourth respondent as UPSA on the ground that the fourth respondent did not learn Malayalam language during her primary, secondary or higher secondary education. It is also stated that the fourth respondent did not opt Malayalam as her optional subject while she was undergoing degree course. According to the petitioner, the fourth respondent learnt Marathi as optional language. In short, the contention of the petitioner is that the fourth respondent does not have sufficient proficiency in the regional language and therefore, her appointment as UPSA was not liable to be approved. This objection was raised, primarily for the reason, since the fourth respondent is elder to the petitioner and if her appointment is approved, she will become senior to the petitioner.

(2.) AS per Ext.P5 order dated 28.6.2010 passed by the District Educational Officer, Thalassery, the contentions put forward by the petitioner were rejected. In Ext.P5 order it was held thus:

(3.) LEARNED counsel for the petitioner submitted that, for the time being, it would be sufficient if relief (iii) is granted, leaving open all the contentions raised by the petitioner.