MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) THE short question that arises for consideration in this original petition is whether a person with B. Ed Degree cans be appointed as l. P. S. A. or U. P. S. A. in an aided school.

(2.) S. 10 of the Kerala Education Act states that the government shall prescribe qualifications to be possessed by persons for appointment as teachers in Government and Private Schools. In exercise of this power, Government framed Rules in Chapter XXXI of the K. E. R. prescribing qualifications of Private School teachers. Rule 3 of Chapter XXXI deals with qualifications of teachers in Upper Primary Schools. Sub rule (t) of that Rule deal with Upper Primary School Assistants. The minimum qualification prescribed for Upper Primary School Assistant is a pass in S. S. L. C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and t. T. C. Examination conducted by the Commissioner for Government Examinations, kerala. Rule 3aof Chapter XXXI stales that notwithstanding anything contained in Sub Rule (1) of Rule 3, the Educational Officer shall be competent to approve the appointments of candidates possessing higher qualification provided they have any of the training qualifications approved by the Government of kerala.

(3.) GOVERNMENT issued Ext. Pl order G. O. MS. 65/88/g. Edn. dated 5-3-88 stating that persons possessing the basic qualification in teaching i. e. T. T. C. alone will be considered for appointment as Lower Primary school Assistants and Upper Primary School Assistants in aided schools even if they are having B. Ed, qualification. This order was issued because Educational officers were approving appointments of B. Ed, degree holders as Lower Primary school Assistants and Upper Primary School Assistants. Educational Officers were approving the appointments of B. Ed, holders on the assumption that it is a higher qualification to T. T. C. Operation of this order was stayed, by Ext. P2. It is stated that the position prevailing as before the date of Ext. P1g. O. will continue in operation. Petitioners challenge Ext. P2. According to them, no one with out T. T. C. can be appointed to the post of L. P. S. A. or U. P. S. A. Therefore by issuing Ext. P2 order staying the operation of Ext. Pl GOVERNMENT have virtually directed the Educational Officers to approve the appointments of those who have not secured T. T. C. qualification. This, it is alleged, is against Rules and so Ext. P2 order has to be set aside.