GEETHA S Vs. STATE OF KERALA

JUDGEMENT

(1.) The competing claims between the petitioner and the sixth respondent for appointment as Higher Secondary School Teacher (Junior) (English) under the school managed by the fifth respondent, is the issue arising for consideration herein. The interpretation of Rule 6(2) of Chapter XXXII K.E.R. and other Rules also arises for consideration. The petitioner is now working as H.S.A. (English) in the school. Her academic qualifications are B.Sc. (Zoology), B.Ed, in Natural Science and M.A. in English. She is having B.Ed, in English and has passed State Eligibility Test in English also. The petitioner was initially appointed as U.P.S.A. on 5.7.1992; promoted as H.S.A. (Natural Science) on 4.8.1994 in a leave vacancy and in a regular vacancy as H.S.A. (Natural Science) on 5.6.1995. Pursuant to the Government Order issued creating separate cadre of H.S.A. (English), she was appointed by category change as H.S.A. (English), as per Ext.P2 order dated 1.11.2003, with effect from 29.1.2004.

(2.) The qualifications of the sixth respondent are: M.A. in History, M.A. in English, B.Ed, in English and SET in history. Her initial appointment is as U.P.S.A. on 19.11.1984, promoted as H.S.A. (SS) with effect from 1.6.1987 in which post she is continuing. T

(3.) The Higher Secondary courses were sanctioned in the school in the year 2010-2011. As per the selection procedure prescribed for appointment as H.S.S.T. Junior (English), the fifth respondent invited applications by notification dated 22.11.2011. An interview was conducted by the selection committee on 10.12.2011. The sixth respondent and one Smt. Bindu, the additional 7th respondent also participated in the interview. When the rank list was published, the sixth respondent was arrayed as rank No. 1, the petitioner as rank No. 2 and Smt. Bindu as rank No. 3. The petitioner contends that the sixth respondent is not having the mandatory qualification of SET in English and she is not working as H.S.A. (English) and therefore is not entitled to get appointment as H.S.S.T. Junior (English).