SUGUNA PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Original Petitions challenge G.O. (MS) No. 11/2002 / G.Edn. dated 7.1.2002, which is Ext. P1 in O.P. No. 16870/2002. The said order creates a new cadre of HSA (English) to teach English in the Government and Aided High Schools. At present, English language is taught by teachers in core subjects. Therefore, it has been found that the standard of English teaching / learning is deteriorating. Therefore, to remedy the said situation, this decision is taken. The said Government Order also prescribes the qualification for the said post. It is also ordered that the future vacancies arising in the core subjects will be filled up by HSA (English) maintaining the minimum subject requirement in those subjects. It is also ordered therein that there will be a temporary ban on promotion of claimants under R.43 of Chapter XIV A KER except those qualified to be appointed as HSA (English) till sufficient in English HSAs are posted. The said ban will not affect the teachers in the lower cadre having the prescribed qualification for promotion as HSA (English). It is further provided that the directions in the said Order will be implemented with effect from the academic year 2002-2003.

(2.) R.2 of Chapter XXXI prescribes the various posts of Language teachers and also qualifications for appointment to those posts. The said Rule mentions about High School Assistants in Malayalam, Tamil, Sanskrit, Hindi, Arabic, Urudu, Kannada, Gujarathy and French. There is no post of HSA (English). In the above said G.O., it is proposed that suitable amendments will be made to the KER to implement the said decision of the Government.

(3.) I heard the learned Government Pleader also. It is trite law that an executive order cannot supersede a statutory provision. Therefore, in the absence of any amendment to the Rules to implement the policy behind Ext. P1, the same cannot be enforced as the provisions in the said Order is in conflict with various provisions in the KER including R.43 of Chapter XIVA. The objective behind Ext. P1 is not doubt laudable. But without amending the Rules, the same cannot be enforced. Therefore it is declared that Para.3(d) of Ext. P1 is unenforceable without corresponding amendment to the Rules. It is also declared that Para.3(c) shall not be enforceable without the issuance of corresponding Circular by the Director of Public Instructions regarding subject requirement under R.1(1) of Chapter XIVA KER. So, the Original Petitions are allowed. The claims of LPSA / UPSA under R.43 for promotion to the post of HSA in core subjects shall be considered in accordance with the Rules / Orders / Circular prevailing on the date of occurrence of vacancy. Consequential action by the concerned appointing authorities in the case of the petitioners and similarly placed persons shall be taken in accordance with the above declaration within one month from the date of receipt of a copy of this judgment. The benefit of this judgment will be available to those who are not parties to these Original Petitions also. The beneficiaries of this judgment may file suitable representations before the respective appointing authorities and controlling officers and in that event, they shall pass appropriate orders thereon without delay at any rate within one month from the date of receipt of such representations.