DEPUTY DIRECTOR OF EDUCATION Vs. SHARMINA V M

JUDGEMENT

(1.) The State is in appeal challenging the judgment dated 7.9.2016 of the learned Single Judge allowing W.P(C) No. 29317 of 2016. The first respondent herein is the writ petitioner. The appellants were respondents 1 to 3 in the writ petition. The writ petition was filed by the first respondent challenging Ext.P2 order of the third appellant by which approval was declined to her appointment as an Upper Primary School Assistant ('UPSA' for short) in the school of the third respondent.

(2.) The first respondent was appointed as UPSA in a promotion vacancy in the school of the third respondent, with effect from 1.6.2016. A copy of her appointment order is Ext.P1 dated 1.6.2016. However, approval to her appointment was rejected as per Ext.P2 dated 27.6.2016 by the third appellant. The reason for rejection of approval was that, the first respondent had not studied Malayalam for her S.S.L.C. Ext.P4 Government Order dated 19.3.2002 was also challenged in the writ petition.

(3.) The learned Single Judge heard the counsel for the first respondent as well as the learned Government Pleader and allowed the writ petition as per the judgment appealed against. It has been found by the learned Single Judge that, Ext.P4 Government Order runs counter to the express provisions in the Kerala Education Rules,1959 (hereinafter referred to as 'the KER' for short). Therefore, it is held that Government Orders prescribing qualifications cannot supplant the qualifications prescribed in the Rules and that in the event of conflict, the Rules should prevail. The third appellant has been directed to consider the question of granting approval to the appointment of the first respondent, afresh and in the light of the qualifications prescribed by the K.E.R.