Leela N. vs The State of Kerala

P.N. Ravindran, J.—The petitioner was appointed as Headmaster in A.U.P.School, Kavalappara by Ext.P3 appointment order dated 29.5.2014. The said appointment is yet to be approved. In this writ petition the petitioner challenges Ext.P4 Government order dated 2.6.2014 whereby the Government granted exemption to teachers who have attained the age of 50 years from possessing the qualifications prescribed in rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011.

The petitioner submits that in view of Ext.P4 Government order approval of her appointment is likely to be declined on the ground that teachers who have attained the age of 50 years and are entitled to the benefit of Ext.P4 Government order are awaiting appointment. Referring to Ext.P5 Government order dated 17.8.2013 it is contended that the Government have in that order taken the stand that rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 stipulates a pass in the test on Kerala Education Act and Rules and also a pass in the departmental test and therefore, a teacher who does not possess the said test qualifications cannot be appointed as Headmaster. In this writ petition the petitioner challenges Ext.P4 Government order and seeks the following reliefs:-

i) To issue a writ of certiorari quashing Ext.P4 as unjust, illegal and unsustainable and violative of Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011.

ii) To declare that the petitioner is entitled to be appointed as Headmistress in the 6th respondent''s school in the vacancy which arose on 1.6.2014 due to transfer of Smt.K.T.Saraladevi.

iii) To issue a writ of mandamus directing the 5th respondent to pass orders approving the appointment of the petitioner as Headmistress in the 6th respondent''s school untrammelled by Ext.P4.

I have by judgment delivered on 24.6.2014 in W.P.(C) Nos.14971 and 15011 of 2014 held that rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 does not stipulate that a Head Teacher shall be a person possessing a pass in any departmental test or test on Kerala Education Act and Rules. Interpreting rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 it was held that the Government have only stipulated that the Head Teacher shall possess a pass in such departmental test and test on Kerala Education Act and Rules as may be specified in that regard and that in the absence of a notification specifying the departmental tests and also specifying a pass in the test on Kerala Education Act and Rules as a qualification for appointment as Head Teacher, the contention of the petitioners that the impugned order is ultra vires the rules cannot be accepted. Referring to rules 44A and 45B of Chapter XIV-A of the Kerala Education Rules, I held that even if the words "as may be specified in that regard" refer to the stipulations in the Kerala Education Rules, even then teachers who have attained the age of 50 years are permanently exempted from acquiring the test qualifications prescribed in the said rules. The issue raised by the petitioner is covered against her by the decision of this Court in W.P.(C)Nos.14971 and 15011 of 2014.

The writ petition fails and is accordingly dismissed. A copy of the judgment in W.P.(C)Nos.14971 and 15011 of 2014 shall be appended to this judgment.