VIJAYAMMA Vs. ST MARYS U P SCHOOL AMPALAKKARA

JUDGEMENT

(1.) The petitioner and 6th respondent contest each other for the post of Headmaster of a U. P. School where they are working. The petitioner possesses B.Sc. and B.Ed. The 6th respondent possesses Malayalam Vidwan title and L.T.T. The 6th respondent is senior to the petitioner. These are the admitted position. Appointment to the post of Headmaster in a U. P. School is as per R.45 of Chap.14 K.E.R. which reads:

(2.) On the other hand, the 6th respondent contends that for appointment as HSA (Language) in a High School graduation with B.Ed. is a qualification. At the same time, persons with title of Vidwan and LTT can also be appointed as HSA. Therefore, LTT is equivalent to B.Ed. So she shall be deemed to have an equivalent training qualification meaning thereby, a training qualification equivalent to B.Ed. It is further contended that graduates in languages having LTT are exempted from B.Ed. Therefore, on the basis of such exemption LTT shall be taken as equivalent to B.Ed. Therefore, the 6th respondent is having an 'equivalent training qualification' and she is fully qualified. In this regard the 6th respondent relies on Ext. R6(c) judgment which reads as follows:

(3.) R.2 of Chap.31 does not say that a Language Teachers' Training in Hindi or any other language has been equated to B.Ed., BT and LT. Graduation with B.Ed. is the qualification for appointment as HSA (Language). Title of Vidwan with LTT is an alternate qualification for that appointment. That does not mean that title is equivalent to graduation or LTT is equivalent to B.Ed. Those are only alternate qualifications. Chap.31 thus does not deal with any equivalence of LTT with B.Ed., as I read. It is true that there is a Government Order exempting LTTC holders from acquiring B.Ed. in certain situations. An exemption from a qualification does not make one as possessing an equivalent qualification. Exemption is in special circumstances. Qualification is based on passing an examination and acquiring a qualification. Therefore, I cannot agree with the view taken in Ext. R6(c) judgment.