BAIJU Vs. SUGUNA PRAKASH

JUDGEMENT

(1.) These Writ Appeals are filed against the common judgment in O.P. Nos. 14176, 14470, 16279, 16870, 17295 and 20560 of 2002. The question to be considered in all these appeals is whether the Government Order, G.O. (MS) No. 11/2002 / G.Edn. dated 7.1.2002 ( Ext. P1 in O.P. No. 16870 of 2002) which creates a new cadre of H.S.A. (English) to teach English in the Government and Aided High Schools is correct or not.

(2.) The learned Single Judge in the judgment in O.P. No. 14176 of 2002 and connected cases (Suguna Prakash v. State of Kerala ( 2002 (3) KLT 488 )) held that Para.3(d) and 3(c) of Ext. P1 are not enforceable without corresponding amendment to the Rules. The learned Single Judge further held as follows:

(3.) Teaching of English is compulsory in all the High Schools in the State of Kerala. From the 8th standard right upto the 10th standard, there are two papers for English. It is the admitted case that no separate category of H.S.A. (English) is included either in the Kerala Education Rules or in the Special Rules relating to Government Schools and no qualification is prescribed for the said post in the Act or the Rules. The Public Service Commission had suggested a Degree in English language and Literature and B.Ed. / B.T. / L.T. with teaching of English as optional subject as the prescribed qualification for English teachers. National Policy on education and practice in Central Schools and Navodaya Vidyalaya are also in tune with the above. The Director of Public Instructions also informed the Government that the present method of teaching English in the High Schools in the absence of qualified teachers is ineffective and the standard of teaching English is going down. Para.1 and 2 of Ext. P1 Order which details the reasons for issuing the order reads as follows: