SUMA Vs. STATE OF KERLA

JUDGEMENT

(1.) The petitioner faces a paradoxical complexity in her career; but from it arises a matter of forensic importance of general application, within the confines of the Kerala Education Act and Rules (hereinafter referred to as 'the Act' and 'KER' respectively for short).

(2.) The petitioner is stated to be a graduate in Economics and in Education and she has been appointed as a Peon in a vacancy that became available in the Aided U.P. School, Vallikode - of which the 4th respondent is the Manager. However, when the proposal for approval of her appointment was forwarded by the Manager to the competent Educational Authority, it was rejected for the reason that she is overqualified, since, going by the provisions of Chapter XXIVB of the KER, only a person whose qualifications adhere to the prescriptions made by the Government for posts under its services, will be eligible to be so appointed.

(3.) The petitioner says that the reasons stated by the Educational Authorities are untenable because only the provisions of Chapter XXIVA of the KER are applicable to her and not that of Chapter XXIVB; and alternatively contends that even if Chapter XXIVB is applicable, the denial of approval to her appointment on the ground that she is a graduate is flawed, since the mandatory provisions of Rule 1 of Chapter XIVA of the KER, in particular the Notes thereunder, would be rendered otious and redundant. She, therefore, prays that Exts.P4 and P6 orders, issued by the official respondents, be set aside and respondents 2 and 3 be directed to approve her appointment as a Peon in the School dehors the objections recorded in the said orders.