SUREKHA.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is submitted by the petitioner, who is working as U.P.S.T. in the School managed by the 5 th respondent, being aggrieved by the promotion granted to the 6 th respondent as H.S.T.(Social Science). According to the petitioner, the 6 th respondent lacks necessary qualifications as prescribed, to be appointed as H.S.T. (Social Science).

(2.) The facts which led to the filing of this Writ Petition are as follows: The petitioner is a holder of Degree and Post Graduation in Economics with B.Ed in Social Science and K.TET 3 in Social Science. Based on the qualifications, she was appointed as U.P.S.T. in the School by the 5th respondent on 12/6/2018, and as per Ext.P1, the appointment was also approved. The 6 th respondent was also working as a U.P.S.T. in the said School, and she is a Post Graduate in Commerce. She also possesses a degree in Commerce. She does not have K.TET 3 for teaching Social Science in High School classes, but she possesses SET qualification in Commerce, a mandatory qualification for teaching for the Higher Secondary sec. . Consequent to the retirement of the Headmistress on 31/5/2023, Sri. Gireeshkumar P.C., the senior- most teacher working as HST (Social Science) in the said school, has been promoted and posted as Headmaster in the said School on 1/6/2023. Thereupon, a vacancy of H.S.T. (Social Science) arose and the petitioner submitted a request for promotion as she was the senior-most among the qualified UPSTs in the School at the relevant time. However, without considering the claim of the petitioner, the 5th respondent appointed the 6th respondent as HST (Social Science).

(3.) According to the petitioner, even though the qualification of Degree and Post Graduation in Commerce was treated as an essential qualification for HST initially, later, as per Ext.P3 Government order dtd. 21/9/2022, the qualifications of Degree and B.Ed in Commerce and Music, were excluded from the essential qualifications for HSA/ HST(Social Science). Subsequently, Ext.P3 G.O.(Ms)234/2022 G.Edn dtd. 19/12/2022 was issued granting exemption in respect of certain classes of Commerce graduates and B.Ed holders. The said Government order is produced as Ext.P4. As per the same, the following categories of persons were exempted from the operation of Ext.P3 Government order the said persons are: