A C ANNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner and the 4th respondent scouted to this Court and before the Government and other statutory authorities, in relation to their rival claims for being appointed as H. S. S. T. (English) in the School of which the 3rd respondent is the Manager, as on 1-8-2000, the date on which, by Ext. P4, the petitioner was appointed to the said post.

(2.) LEAVING aside a ground of attack to the impugned Ext. P16 on the ground that the same has been issued through an officer who was not the one who heard the parties before the issuance of such order by the Government, I proceed to decide the issue regarding the merits of the rival claims since the same involves consideration and interpretation of certain decisions of the Apex Court, as also the Government Orders which are relevant as on the date of the occurrence of the vacancy to which the petitioner has been so appointed.

(3.) BY G. O. (MS)No. 162/98/g. Edn. dated 13-5-1998, the Government of Kerala came out with its policy decision regarding Higher Secondary Course and sanctioned such course in 95 Government Schools and 178 Aided Schools, laying down, among other things, that 25% of the vacancies of the H. S. S. Ts. in the Government and Aided Higher Secondary Schools will be filled up by appointment from qualified High School Assistants and Primary School Teachers. Along with that Order, qualifications were not prescribed.