SALLY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Short question to be decided in these two Writ Appeals is whether a language teacher with L.T.T.C. (Language Teachers Training Certificate) or with Vidwan title can be appointed as Headmistress in U.P. School or L.P. School. In other words, whether L.T.T.C. can be treated as equivalent to B.Ed., T.T.C. or T.C.H. or equivalent training qualification prescribed. R.45 Chapter XIVA of the Kerala Education Rules, 1959 (for short KER), deals with appointment of Headmaster in U.P. Schools and R.45A deals with appointment of a Headmaster in L.P. School. W.A. No. 61 of 1999 deals with appointment of a Headmaster in an U.P. School and W.A. No. 383 of 2001 deals with appointment of a Headmaster in an L.P. School. In O.P. No. 12561 of 1998 (W.A. No. 383 of 2001), the learned Single Judge held that L.T.T.C. is not an equivalent qualification to T.T.C., T.C.H. or an equivalent training qualification for appointment as a primary school assistant. Hence, in the absence of any approved training qualification, a teacher with L.T.T.C. cannot be appointed as Headmaster in an L.P. School whereas another learned Single Judge in the impugned judgment in O.P. No. 17324/98 (W.A. No. 61 of 1999) held that L.T.T.C. is equivalent training qualification to B.Ed. and T.T.C. and, therefore, such persons are qualified to be appointed as Headmaster in U.P. School.

(2.) Before deciding the issue, we may quote the relevant rules. R.45 and 45A of Chapter XIV(A) of KER which are as follows:

(3.) As far as U.P.S.A. is concerned, a graduate teacher with B.Ed. is preferred for appointment provided he has got a service equal to half of the period of service of the seniormost undergraduate teacher and if such a graduate teacher is not available, the seniormost primary school teacher with S.S.L.C. or equivalent and T.T.C. or T.C.H. or Pre Degree with Pedagogy as an elective subject or with equivalent training qualification can be considered for appointment. The Note clearly states that language or specialist teachers also can be considered if those teachers also possess the prescribed qualification for appointment of headmaster in L.P. School also. The minimum qualification is S.S.L.C. or T.T.C. or T.C.H. or equivalent training qualification.