SINDU S J Vs. STATE OF KERALA

JUDGEMENT

(1.) The question which arises for consideration in this batch of writ petitions is with regard to the seniority of vocational and non-vocational teachers in aided Vocational Higher Secondary Schools for the purpose of appointment as Administrative Head in such schools. These writ petitions are filed by vocational and non-vocational teachers.

(2.) The parties and documents are being referred to in this judgment as in W.P.(C).No.27108 of 2012 for the sake of convenience and clarity. The challenge in the writ petitions preferred by non-vocational teachers is directed against the Government Order dated 20.10.2012 and the order of the Director of Vocational Higher Secondary Education dated 03.11.2012. The Government, vide the impugned order, held that only those vocational and non-vocational teachers working against full time posts can be considered for the purpose of appointment as Administrative Head in aided Vocational Higher Secondary Schools. It is only when two teachers who have joined service as full time vocational or non-vocational teachers on the same day and are in service that the question of deciding their inter se seniority, according to their respective dates of births, the older being considered senior, arise.

(3.) In implementation of the said Government Order, the Director of Vocational Higher Secondary Education issued proceedings dated 03.11.2012 laying down the guidelines for preparation of seniority list for the purpose of giving charge to teachers as Administrative Head. It is stated therein that going by the Special Rules for Vocational Higher Secondary Education Service dated 12.03.2004, only full time vocational/non-vocational teachers having workload of more than 15 hours per week would be liable to be included in the seniority list to be prepared for appointment as Administrative Head. It is stated that non-vocational teachers who have less than 15 hours of work per week will not be entitled for inclusion in the list. It is only when there are no full time teachers available for appointments/charge as Administrative Heads that part time teachers can be considered. From the seniority list so prepared, the teacher having longest length of service should be appointed as Administrative Head. The seniority list was directed to be prepared in accordance with the guidelines as directed above.