SABU JOHN.C Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 Government Order dated 30.1.2013, whereby the request of the petitioner to shift him to the post of HSA (English) as he has degree in Maths and English with B.Ed in Maths was declined. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner was appointed as High School Assistant (Maths) at Pompie St.Mary's School, Kattoor in regular vacancy on 6.6.2011. The staff fixation order for the year 2007 abolished a post of HSA(Maths) and a post of HSA (English) was additionally sanctioned. Petitioner possesses B.Sc(Maths) and also B.A.(English). As per Ext.P6 Government Order and Ext.P3 communication issued by the Director of Public Instructions, petitioner is qualified to be retained in the school as HSA(English). According to the petitioner, petitioner acquired B.Ed qualification prior to 19.7.2005 and therefore, he is entitled to get the benefit of orders governing the qualification prescribed. However, the District Educational Officer ordered retention of a Physical Science teacher in the post of HSA (English). Though the Manager submitted a request to post the petitioner in the post of HSA(English), it was rejected by the Deputy Director. Even though an appeal was preferred, it was also rejected as per Ext.P2 order. The revision filed against Ext.P2 was rejected by Ext.P4 order by the State Government. But as per Ext.P5 judgment, Ext.P4 Government Order was set aside and the Government was directed to pass fresh orders in the light of the decision of this court in Radhamani v. Director of Public Instructions [ILR 2009(4)Kerala 783]. But now the Government have passed Ext.P7 order, which according to the petitioner, is overlooking the directions contained in Ext.P5 judgment rendered by this court and without understanding the qualification required for appointment of the petitioner as HSA (English) in the school in question.

(3.) A detailed counter affidavit is filed by the 5th respondent justifying the stand adopted in Ext.P7 order. Apart from other contentions, it is submitted that petitioner is not qualified to be appointed as HSA(English) as per G.O.(MS) No.144/05/G.Edn dated 7.5.2005, by which Government have ordered that appointment of HSA(English) by conversion from the existing HSA's will be made, only if they are having B.Ed in English. Petitioner is not entitled to be appointed in the post of HSA(English) from June 2006 onwards. So also it is submitted that, petitioner is having continuous service only w.e.f.6.6.2001 and not eligible for protection either. Therefore, G.O.(P) No.226/03/G.Edn dated 14.6.2003 is not applicable to the petitioner.