STATE OF KERALA Vs. KISHOR ANTONY

JUDGEMENT

(1.) The controversy revolves around the date on which the respondents-teachers herein can be approved in the post of Higher Secondary School Teacher [for brevity "HSST"].

(2.) Brief background facts are necessary. The Higher Secondary Course at the school level, for the first time, was introduced in the 1990s. There were courses sanctioned in the year 2010-11, to various schools, wherein admissions have been made to Standard XI. The Government had directed the schools to appoint HSSTs (Junior) as Guest Lecturers. The distinction between HSST (Junior) and HSST is that the former on being called upon to take more than 15 periods, then there is a valid cause for sanctioning of a post of HSST, which is as per Chapter XXXII of the Kerala Education Rules, specifically Rule 1(d) and (e). The Director of Higher Secondary Education recommended the sanction of the posts on 06.08.2011. However, the same was pending with the Government. In the meanwhile, the Government permitted engagement of Guest Lecturers.

(3.) The Government sanctioned the posts of HSST by Government Order dated 23.02.2013, which clearly indicated that the sanction is prospective. The contention of the teachers was that the post having arisen in the academic year 2011-12 when the students of Standard XI moved into Standard XII, necessarily under KER there is a post arising in that year itself. The sanction of the Government though was later, can only be retrospective, since there is no power on the Government to go against the clear stipulations in the KER. A batch of writ petitions were allowed by a learned Single Judge. In State of Kerala v. Sreejith 2019 (2) KHC 686 (DB), a Division Bench dismissed the appeals filed by the Government against the judgments in the writ petitions. The learned Senior Government Pleader specifically points out that in Special Leave Petitions filed by the State, the said decision has been stayed.