STATE OF KERALA Vs. SARITHA

JUDGEMENT

(1.) An interesting question in relation to sanctioning of the post of a Specialist Teacher namely Music teacher or Physical Education Teacher, Drawing teacher or Sewing teacher as the case may be, in an Upper Primary School is raised in these Writ Appeals. The relevant provision in this regard is Clause (a) of Sub-rule 2 of Rule 6 B Chapter XXIII of the Kerala Education Rules, which reads as under:

(2.) The learned single Judge, in the judgment impugned in W.A.No.798/99, took the view that 500 pupils required for sanctioning such a post in relation to an upper Primary School shall be the number of students in all the standards put together including that of Lower Primary Section. It is contended by the State, impugning the said judgment that, what is relevant for sanctioning of specialist Teacher in Upper Primary School, is only the number of pupils found on the 6th working day of each academic year in "the complete upper primary section" of upper primary school or upper primary section of High School. To re-enforce the contention, Government Pleader invites our attention to Sub-rule 3 of Rule 2 of Chapter XXIII KER., which provides that "no post of Specialist Teacher shall be created in any Lower Primary School or Lower Primary Sections of Upper Primary Schools". When no such posts can be created in lower primary section of an upper primary school, the number of students made mention of in Clause (a) of Rule 5 B(2) shall be the number of students available in the upper primary section alone of the concerned Upper Primary School. It cannot be the total number of students including the standards of lower primary sections in that U.P. School. It is further submitted by the Government Pleader that the words 'Upper Primary Sections' used in the last portion of Clause (a) of Sub-rule 2 of Rule 6 B makes it further clear that 500 pupil and above mentioned in that rule is in relation to the Upper Primary sections of Upper Primary School and High School. So the view taken by the learned single Judge is not justified.

(3.) Relying on the judgment impugned in the Writ Appeal No.798/99, another writ petitioner approached this court with Writ Petition No.2569/04 contending that his appointment as a Physical Education Teacher in the Upper Primary School having Lower Primary section shall have to be approved taking into account the total strength of students in all the standards from standard I to VII. That Writ Petition was also allowed. Therefore W.A.No.2269/04 by the State.