Girija G. Nair vs State of Kerala and Others

C.S. Rajan

The petitioner is a permanent U.P.School Assistant in the U.P.Section of the fourth respondent School. The petitioner is having qualification of B.Sc. and M.Sc. in Zoology and B.Ed. The petitioner has also passed Rakshtra Bhasha Praveen Degree Examination of the Dakshin Bharath Hindi Prachara Sabha, Madras. The above qualification has been prescribed as a necessary qualification for appointment as High School Assistant (Hindi) under Chapter XXXI of K.E.R. When a vacancy of H.S.A. (Hindi) arose on 1.6.1999 in the School of the fourth respondent, the 6th respondent was appointed as a fresh hand. The request of the petitioner for promotion under Order 1 Rule 43 of the K.E.R. was rejected by the fourth respondent-Manager. But the third respondent accepted the claim of the petitioner and rejected the approval of the appointment of the fifth respondent. Against the above order the fourth respondent took up the matter before the second respondent. The second respondent by Exhibit P5 order allowed the appeal of the fourth respondent-Manager and directed to approve the appointment of the fifth respondent. The reason for allowing the above request is that the petitioner is eligible to be promoted as H.S.A. (Natural Science) only and not as H.S.A (Hindi). This is because the petitioner''s training qualification, namely B.Ed, was in only Natural Science and not in Hindi. The second respondent has read as reference No. 4 Government Order dated 12.4.1999 which has been produced by the petitioner as Exhibit P6. In Ext.P6, the Government took the view that the training qualification also must be in Hindi for the purpose of appointment as H.S.A.(Hindi). Exhibit P6 was challenged before this court by the aggrieved party and this court in Exhibit P7 judgment (produced along with reply Affidavit) directed the Government to reconsider the matter. Thereafter by Exhibit P8 order the Government held that as per Rule 2(iv)B of Chapter XXXI K.E.R. a person should be a B.Ed/B.T/L.T conferred or recognised by the Universities in Kerala. Nowhere in the rule. It is stipulated that the B.Ed. Degree should be in Hindi. Therefore, it was held that the claimant in the above case was fully qualified to be appointed as H.S.A. (Hindi).

Confronted with the above position the learned counsel for respondents 4 and 5 contended that the training qualification possessed by the petitioner does not satisfy the requirements of the training qualification prescribed under Rule 2 of Chapter XXXI K.E.R. The following are the training qulifications prescribed in the above rule:

B.Ed./B.T/L.T. conferred or recognised by the Universities in Kerala or Diploma or Certificate of Language Teachers'' Training in Hindi issued by the Commissioner for Government Examinations, Kerala; or Diploma in Hindi Teachers Training issued by the Commissioner for Government Examinations, Kerala; or A pass in any one of the following examinations of the Kendriya Hindi Sikshan Mandal Agra namely:

(i) Hindi Siksha Praveen;

(ii) Hindi Sikashan Parangath

(iii) Hindi Sikshan Nishnat.

Explanation I: Persons who have successfully undergone Pracharak Diploma of the Dakshina Bharat Hindi Prachar Sabha upto and including the academic year 1969-70 shall be considered to possess the requisite training qualification.

Explanation II: Persons who have successfully undergone the course in Hindi Teachers Diploma course of the Regional Hindi Training College Gandhigram, Madura during the academic year 1967-68 or prior to that year shall be considered to possess the requisite training qualifications.

The learned counsel for respondents 4 and 5 wants me to read that B.Ed/B.TV L.T also must be in the language of Hindi. I do not find any justification to read the word ''Hindi'' into these qualifications. If it is B.Ed./B.T. or L.T., it can be any degree conferred or recognised by the Universities in Kerala. The alternative qualification is a Diploma or certificate of Language Teachers'' Training in Hindi issued by the Commissioner for Government Examinations, Kerala or Diploma in Hindi Teachers Training issued by the Commissioner for Government Examinations; or a pass in any one of the examinations of the Kendriya Hindi Sikshan Mandal Agra. Therefore, it is quite clear that only those Diploma or Certificate holders must have the teachers training in Hindi. Persons who possessed B.Ed./B.T/L.T. need not have the above degrees in Hindi alone. Such an interpretation is not possible by reading the above qualifications. Therefore, the interpretation put in by respondents 4 and 5 is not legally acceptable. Therefore, I quash Exhibit P5. The fourth respondent is directed to appoint the petitioner as H.S.A. (Hindi) under Rule 43 in the vacancy which arose on 1,6.1999 to which the fifth respondent was appointed. Thereafter the third respondent is also directed to approve the above appointment. This must be done within three months from the date of receipt of a copy of this judgment.

Original Petition is disposed of as above.