GEETHAKUMARY J. Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner, Smt.Geethakumary.J, was promoted as Headmistress against a retirement vacancy that arose on 1/4/2017 in the 3rd respondent's school, who is The Manager of All Saints Higher Secondary School, Puthayam, which is an aided High School. Currently, she is continuing in that post. The 1st respondent, The District Educational Officer, approved the said promotion and a copy of the appointment order with the approval order is Ext.P1 in this writ petition. The petitioner was originally appointed as High School Assistant (Hindi) (for short, "HSA") with effect from 2/6/2003 as per Ext.P2 and the same was approved as evident by the endorsement in Ext.P2. According to the petitioner, Ext.P1 promotion as Headmistress was after the completion of 13 years of approved graduate service as HSA. The petitioner has B.A Degree Certificate (Hindi) and M.A Degree Certificate (Hindi), Exts.P3 and P4 are the Certificates to prove the same.

(2.) As per Ext.P5 Government Order, "Acharya Course" of the Kerala Hindi Prachara Sabha from Hindi Teacher's Training College, Thiruvananthapuram was treated as equivalent training qualification as prescribed under Rule 44A of Chapter XIV(A) and Rule 2 of Chapter XXXI of the Kerala Education Rules, 1959 (hereinafter referred to as,"KER"). It is the case of the petitioner that the 4th respondent, the State of Kerala, represented by Principal Secretary, General Education Department also made requisite amendment to the relevant rules with retrospective effect in Ext.P5 Government Order as evident by Ext.P6 Government Order. It is the case of the petitioner that, at the time of appointment as HSA (Hindi), the petitioner had the requisite training qualifications. Ext.P7 is the Acharya Certificate issued to the petitioner by the Kerala Hindi Prachar Sabha dtd. 12/11/1992. It is the case of the petitioner that the petitioner has also obtained B.Ed Degree in December 2013 as evident by Ext.P8. The petitioner has also passed the Account Test (Lower) and the test on Kerala Education Act and Rules conducted by the Kerala Public Service Commission in the year 2012. Exts.P9 and P10 are the Certificates to prove the same.

(3.) The petitioner was the senior most in the combined seniority list of High School Assistants maintained as per Rule 34 (a) of Chapter XIV(A) of KER, at the time of Ext.P1 promotion as Headmistress. Ext.P1 promotion was approved with effect from 1/4/2017 by the 1st respondent. Therefore, according to the petitioner, as on the date of occurrence of vacancy of Headmistress, the petitioner possessed all the qualifications as prescribed under Chapter XIV(A), Rule 44 and Rule 44A read with the Explanations to sub-rule (1) of Rule 44A. It is also the case of the petitioner that the petitioner had more than 13 years of continuous graduate service with requisite collegiate training which was prescribed as equivalent. But the Additional Director, General Education Department, Thiruvanathapuram, as per Ext.P11 cancelled the approval granted for Ext.P1 promotion by stating that the petitioner did not possess the graduate service qualification as stipulated under Rule 44A in Chapter XIV(A) of KER. As per Ext.P12, the 2nd respondent refused to consider the appeal filed by the petitioner. Aggrieved by Ext.P11 order, the petitioner availed a statutory revision before the 4th respondent. Thereafter the petitioner filed W.P.(C)No.40318/2018 challenging Ext.P11. In that writ petition, as per Ext.P13 order, the reversion of the petitioner was stayed but the payment of headmaster's scale of pay was deferred.