ZUBAIR P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions relate to appointment to the post of HSST (Economics) in the PTM Higher Secondary School, Thazhekode, Malappuram. The petitioner in WP(C)No.20130 of 2022 is the 5th respondent in WP(C)No.11190 of 2023 and the petitioner in WP(C)No.11190 of 23 is the 4 th respondent in WP(C)No.20130 of 2022 and will hereinafter be referred to as Zubair P. and Santhakumari M., respectively. Both the petitioners in these writ petitions lay a claim for the post.

(2.) The appointment to the post of HSST (Economics) is governed by Rules 4 and 6 of Chapter XXXII of Kerala Education Rules (KER). Rule 4 speaks of the method of appointment of Higher Secondary School Teachers. As per Sl.No.2(1) of Rule 4, the appointment to the post of HSST can be by transfer from Junior Lecturer under the Management/Higher Secondary School Teacher (Junior). Sl.No.2(2) says that the appointment can be 'by transfer' from High School Assistants who possess the requisite qualification under the Educational Agency. The petitioners in both these cases are claiming 'by transfer' appointment and the only dispute is regarding the qualification which is dealt with in Rule 6. Sl.No.2(24) of Rule 6 deals with the qualification required for appointment as HSST (Economics), which reads thus;

(3.) Admittedly, the petitioners in both these writ petitions have Post Graduate qualifications in (Economics). Sri Zubair has a B.Ed. in Social Science and Smt. Santhakumari has a B.Ed. qualification in Social Studies. When it comes to the pass in SET, Sri Zubair has passed SET (Malayalam), while Santhakumari has passed SET (Economics). Two questions arise for consideration on the pleadings; (i) whether SET should be in the concerned subject Economics or is it sufficient that the candidate has qualified SET in any subject and (ii) whether Sri Zubair is entitled to exemption from having SET qualification.