SHAMNA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are included in the rank list published by the third respondent Commission for appointment to the post of Higher Secondary School Teacher (for short 'HSST') in Botany. The rank list which includes a main list and a supplementary list came into force with effect from 15.7.2004. Main list contains 86 candidates. First petitioner is rank No: 83 in the main list. The second petitioner is rank No. 5 in the supplementary list of Muslim candidates.

(2.) Petitioners have prayed for a writ of mandamus directing the second respondent-Director of Higher Secondary Education to report all the vacancies of HSST in Botany reckoning the same as 75% of the total posts of HSST in Botany including posts occupied by Principals and Lecturers and Junior Lecturers deputed/deployed from private colleges and to direct the third respondent to advise candidates against all those vacancies and the second respondent to appoint the candidates thus advised as HSST Botany. Petitioners have sought for a declaration that appointments made by transfer of HSAs and Primary School Teachers in excess of 25% of the total posts is illegal and that 75% of the total posts of HSST are liable to be filled up by direct recruitment through Public Service Commission from the existing ranked list in accordance with the provisions contained in the Special Rules and to issue appropriate directions to the respondents to fill up the vacancies in accordance with the Special Rules.

(3.) Higher Secondary (plus 2) courses were started in the Government as also the private schools in the State of Kerala, for the first time, in the year 1991-92. During the initial few years, the requirement of teaching staff was met by utilizing the services of qualified High School Assistants and Primary School Teachers. By 1997, Government accorded sanction for the creation of a substantial number of Higher Secondary Schools in the Government as well as the private sector. Till statutory rules were framed, the service conditions of HSST were governed by executive orders. The method of appointment of HSST in the Govt. Schools was by transfer appointment of departmental teachers and by direct recruitment of open merit candidates. As per G.O.(MS)No:162/98/G.Edn. dated 13.5.98, a ratio of 25:75 was introduced between departmental hands and the direct recruits. Relevant provision thereof may be extracted as follows: