JESILET Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. The Petitioner, was appointed as a part-time sewing teacher in the St. Ignatius U P. School, Puthenthope. The appointment was approved by the Assistant Educational Officer, Kaniyapuram. That approval bag been set aside by the Assistant Educational Officer by his order Ext. P8 dated 31-1-1986 on the ground that she does not possess the SSLC qualification prescribed by the Government Order Ext. P4, GO (P) No. 87/80/g. Edn. dated 30-6-1980. We have in WA 803/1987 held that the said order of the State Government prescribing SSLC qualification as an essential qualification for promotion in addition to the qualifications prescribed by the Rules is without competence and cannot therefore be enforced. The petition in this case is also similar. For the post of sewing teacher the qualifications ere prescribed in R. 3 (3) (iv) of Chap. 31 of the Rules. What is prescribed is a pass in Standard VII or its equivalent and Group Certificate in Needle work and Dress making KGTE (Higher) or MCTE (Higher) or Group Certificate in tailoring KGTE (Higher), MGTE (Higher) or diploma in Craftsmanship (Tailoring and Garment making) issued by the Director of Industries and Commerce, Kerala or by the Director of Technical Education, Kerala or National Trade Certificate in Cutting and Tailoring issued by the National Council for Training in Vocational Trade, Government of India. As the rule has fully and adequately prescribed the qualifications for the post of Sewing teachers as aforesaid, the State Government in exercise of its executive powers cannot add other qualifications for eligibility. What we have held in the aforesaid decision in respect of music teachers equally applies to the prescription of qualification for sewing teachers. Hence it is obvious that cancellation of the approval by Ext. P8 on the basis of Ext. P4 it clearly illegal. Hence this original petition is allowed and Ext. P8 is quashed. No costs.