1. The short question that arises for consideration in this original petition is whether a person with B.Ed Degree can be appointed as L.P.S.A or U.P.S.A in an aided school.
2. Section 10 of the Kerala Education Act states that the Government shall prescribe qualifications to be possessed by persons for appointment, as teachers in Government and Private Schools. In exercise of this power, Government framed Rules in Chapter XXXI of the K.E.R prescribing qualifications of Private School teachers. Rule 3 of Chapter XXXI deals with qualifications of teachers in Upper Primary Schools. Sub Rule(1) of that Rule deal with Upper Primary School Assistants. The minimum qualification prescribed for Upper Primary School Assistant is a pass in S.S.L.C Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and T.T.C Examination conducted by the Commissioner for Government Examinations, Kerala.
3. Rule 3A of Chapter XXXI states that notwithstanding anything contained in Sub Rule (1) of Rule 3, the Educational Officer shall be competent to approve the appointments, of candidates possessing higher qualification provided they have any of the training qualifications approved by the Government of Kerala.
4. Sub Rule (1) of Rule 4 of Chapter XXXI prescribes the minimum qualification for the post of Lower Primary School Assistant as a pass in S.S.L.C Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and a pass in T.T.C Examination conducted by for Commissioner for Government Examinations, Kerala. Rale 4A states that notwithstanding anything contained in Sub Rule (1) of Rule 4 the a Educational Officer shall be competent to approve appointments of candidates possessing higher qualifications provided they have any of the training qualifications approved by the Government of Kerala.
5. In view of the above provisions should T.T.C be a compulsory qualification to be possessed by one for getting the post of L.P.S.A or U.P.S.A? Sub Rules (1) of Rule 3 and Rule 4 while prescribing the minimum qualification states that T.T.C is the minimum training qualification required for L.P.S.A and U.P.S.A Rules 3A and 4A allows the Educational Officer to approve the Appointments of candidates possessing higher qualifications. The candidates possessing the higher qualifications should have any of the training qualifications approved by the Government of Kerala. The training qualification made mention of in Rule 3A and 4A can be training qualification other than T.T.C So, a person having a training qualification other than T.T.C ran be appointed as an L.P.S A/U.P.S.A provided that training qualification is one approved by the Government of Kerala. It is conceded before me that B.Ed degree is a training qualification. It is also agreed that the B.Ed training qualification is approved by the Government of Kerala. That training qualification namely B.Ed, it is agreed is a higher training qualification than T.T.C So, a person who is having the higher training qualification of B.Ed is entitled to be appointed as L.P.S.A or U.P.S.A in view of the specific provision contained in Rules 3A and 4A of Chapter XXXI K.E.R
6. Government Issued Ext. P2 order G.O.MS 65/88.G. Edn. dated 5-3-88 stating that persons possessing the basic qualification in teaching i.e T.T.C alone will be considered for appointment as Lower Primary School Assistants and Upper Primary School Assistants in aided schools even if they are having B.Ed qualification. This order was issued, because Educational Officer were approving appointments of B.Ed degree holders as Lower Primary School Assistants and Upper Primary School Assistants. Educational Officers were approving the appointments of B.Ed holders on the assumption that it is a higher qualification to T.T.C Operation of this order was stayd by Ext. P2. It is stated that the position prevailing as before the date of Ext. P1 G.O will continue in operation. Petitioners challenge Ext. P2. According to them, no one without T.T.C can be appointed to the post of L.P.S.A or U.P.S.A Therefore by issuing Ext. P2 order staying the operation of Ext. P1, Government have virtually directed the Educational Officers to approve the appointments of those who have not secured T.T.C qualification. This, it is alleged. Is against Rules and so Ext. P2 order has to be set aside.
7. By Ext. PI order. Government stated that persons possessing the basic qualification in teaching namely T.T.C will alone be considered for appointment as Lower Primary School Assistants and Primary School Assistant, in aided schools. As per Rule 3(1) and 4(1) of Chapter XXXI K.E.R T.T.C is one or the basic qualifications for one to get appointment as L.P.S.A or U.P.S.A Roles 3A and 4A allows the Educational Officers to approve appointments of candidates possessing higher qualifications provided they have any of the training qualifications approved by Government of Kerala. The training qualification approved by Government of Kerala contemplated by Roles 3A and 4A can only be training qualifications other than T.T.C Government have nowhere stated that B.Ed is not a higher training qualification than T.T.C Nor have they got a case that B.Ed is not a training qualification. In this circumstance under Rules 3A and 4A of Chapter XXXI K.E.R Educational authorities are to approve the appointments of B.Ed, degree 1 holders as Lower Primary School Assistants and Upper Primary School Assistants. The contrary view taken by the Government in Ext. P1 is against the provisions contained in Rules 3A and 4A. Ext. PI executive order cannot in any way affect the statutory rule contained in Rules 3A and 4A of Chapter XXXI K.E.R So Ext. P1 order must be taken as one issued contrary to the provisions contained in Rules 3A and 4A of Chapter XXXI K.E.R That executive order which was Issued in violation of the statutory Rule has been rightly stayed by Ext. P2 order. I do not find any Illegality in Ext. P2. ??? in this light, I find no merit in this petition. It is dismissed.