MINI VENUGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, the petitioner in the Writ Petition is aggrieved by Ext.P4 order of the 2nd respondent denying exemption from State Eligibility Test (SET) for being considered to the post of Higher Secondary School teacher. The prayer of the petitioner was rejected by the learned Single Judge on the ground that the classification made by the Government granting exemption from SET only to teachers who have completed ten years of approved teaching service at the High School level in the General Education Subordinate Service, for being considered to the post of Higher Secondary School teachers in Government Schools is perfectly valid. The appellant however would impugn the judgment of the learned Single Judge on the ground that the said classification violates Arts. 14 and 16 of the Constitution of India. The appellant claims that the appellant's total service as High School Assistant in the Aided School and the Government School, latter under the General Education Subordinate Service are to be counted together for considering the eligibility for exemption from SET qualification.

(2.) The appellant had commenced her service as High School Assistant in an aided school on 21.6.1993 and continued as such till she was appointed as High School Assistant in the High School section of a Government Higher Secondary School on 22.12.2004, in which post she joined on 19.1.2005. The appellant has continuous service as H.S.A. at the High School level and is still employed so in the Government Higher Secondary School and she is now a part of the General Education Subordinate Service. The appellant's continuous service as H.S.A. from 21.6.1993, for more than 11 years in an aided school and thereafter from 14.1.05 in a Government school is not disputed. The second respondent has denied consideration of the appellant to be included in the seniority list of qualified departmental teachers for appointment to the post of Higher Secondary School Teacher(Chemistry). This denial is by reason of her having no SET qualification and by reason of not being entitled to exemption from SET qualification. The exemption was denied since the relevant Special Rules of the Kerala Higher Secondary Education Subordinate Service, 2001 granted such exemption only to persons who have completed 10 years of approved teaching service at the High School level in the General Education Subordinate Service.

(3.) It is also not in dispute that the appointment of staff in the Aided Higher Secondary Schools are governed by the provisions contained in Chapter XXXII of the Kerala Education Rules and that of the Government Schools are governed by the provisions of the Special Rules for the Kerala Higher Secondary Education Subordinate Service Rules, 2001. The method of appointment in the Special Rules for the Higher Secondary Education Subordinate Service and that in accordance with Chapter XXXII of the Kerala Education Rules are practically similar. The appointments are being made by way of transfer from High School Assistants in the subjects concerned and in the absence of such candidates by transfer from qualified Upper Primary School Assistants and Lower Primary School Assistants and by direct recruitment; in the ratio of 25:75. It goes without saying that such appointments by transfer in the case of Aided schools can only be in the same school or schools under the same educational agency and those appointments by transfer in the Government Schools can only be from Government schools. The appellant's contention is that the Rules providing for exemption from SET qualification in the Higher Secondary Education Subordinate Service violates Articles 14 and 16 of the Constitution of India, in so far as only those teachers who have completed 10 years of approved teaching service in the General Education Subordinate Service alone are exempted. Under the Kerala Education Rules, the exemption provided is for 10 years of approved teaching service at the High School level. The service of a teacher as HSA whether it be under the Aided School Sector governed by the Kerala Education Rules or under the General Education Subordinate Service is similar in all respects, is the contention of the appellant. Hence the exemption provided to a class of persons from qualifying SET, and excluding similarly placed persons, is discriminatory and involves negation of equal treatment, contends the appellant.