High Court of KeralaSingle JudgeWrit petition dismissed; CMPs disposed/closed a...

Murukesan S.S. v. State of Kerala and Others

Case / Petition Number:OP. No. 30073 of 2000-E

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Thottathil B. Radhakrishnan
Judgment Date
2007-06-27
Court Decision / Holding
Writ petition is dismissed; CMP Nos. 50894/2000, 12979/2000, 55162/2000, 57861/2000 in OP. 30073/2000 - DISMISSED. CMP No. 50973/2000 in OP. 30073/2000 - CLOSED.
Final Disposition
Writ petition dismissed; CMPs disposed/closed as noted in the order.

Parties to the Case

Appellants / Petitioners

  • Murukesan S.S., Primary Teacher, A.R. Nagar High School, Chandapuraya Post, A.R.Nagar, Malappuram District

Respondents

  • State of Kerala represented by Secretary to Government, General Education, Department, Thiruvananthapuram
  • Director of Public Instruction, Trivandrum
  • Deputy Director of Education, Malappuram
  • District Educational Officer, Tirur
  • Geethakumari T.S., U.P.S.A., A.R.Nagar High School, Chandapuraya Post, A.R.Nagar, Malappuram District
  • Manager, A.R.Nagar High School, Chandapuraya, Post A.R.Nagar, Malappuram District

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. A. X. Varghese
  • • Adv. M. Ramesh Chander

Counsels for Respondents

  • • Adv. K. M. Sathyanatha Menon
  • • Adv. T. Krishnan Unni
  • • Adv. Smt. T. B. Ramani

Case Synopsis & Summary

Murukesan S.S., a primary teacher, challenged the promotion of Geethakumari T.S. to the post of High School Assistant (Malayalam) over him. He contends that under Rule 2(2)(b)(i) of Chapter XXXI of the Kerala Education Rules (KER), the post requires a degree in Malayalam, and the 5th respondent does not possess a Malayalam degree at the graduate level, having only an M.A. in Malayalam, while the respondents promoted her in preference to him. The petitioner relies on precedents—W.A.No.213/1997 (Kerala Public Service Commission v. Alex P. Kaleelazhikam) and Bose William v. State of Kerala—which interpreted the term “Degree” as including both Bachelor’s and Master’s degrees unless specifically qualified, thereby broadening the credential to include PG degrees for HSA appointments. The respondents contend that the Kerala Education (Amendment) Rules, 2002 inserted a proviso after Rule 2 that a postgraduate degree in the subject or language shall be considered as an alternative qualification for appointments as High School Assistant (Subject) or High School Assistant (Languages). The court found the amendment persuasive, held that the petitioner’s challenge was superseded, and dismissed the writ petition. CMPs were disposed of; the 5th respondent’s promotion was upheld. The decision clarifies the qualification framework for HSA posts under the KER.

Provisions of Law Cited

Kerala Education Rules (KER), Chapter XXXI, Rule 2(2)(b)(i)Kerala Education (Amendment) Rules, 2002

Legal Doctrines & Maxims

  • Interpretation of 'Degree' to include Bachelor's and Master's degrees (doctrine established in W.A.No.213/1997)
  • Postgraduate degree as alternative qualification for HSA posts per amendment (2002)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that the 5th respondent does not hold a graduate-level Malayalam degree; Rule 2(2)(b)(i) of Chapter XXXI requires a degree in Malayalam, and the 5th respondent’s MA in Malayalam does not fulfill the graduate- level degree criterion. He relies on pre‑amendment precedents (W.A.No.213/1997 and Bose William) which interpreted the word ‘Degree’ to include PG qualifications unless restricted, thereby supporting his claim. The 2002 amendment, however, inserts a proviso that PG degrees may be treated as alternative qualifications, addressing the very issue. The petitioner contends that the amendment alters the strict reading of the rule and that the earlier decisions were not meant to be controlling post‑amendment.

Contentions of Respondents

The respondents contend that the Kerala Education (Amendment) Rules, 2002 expressly provide that a postgraduate degree in the subject or language shall be considered as an alternative qualification for appointments as High School Assistant (Subject) or High School Assistant (Languages). They argue that MA in Malayalam qualifies under the amended provision, justifying the promotion of the 5th respondent. They also rely on government orders and policy cues reflected in the exhibits to support the interpretation that PG degrees are acceptable for the HSA posts, aligning with the amended rules and prior judicial interpretations that degreed qualifications are not restricted to a single level of study.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Kerala Public Service Commission v. Alex P. KaleelazhikamW.A.No.213/1997PositiveThe decision held that the term ‘Degree’ includes PG degrees unless specifically narrowed, and the present court follows this interpretation.
Bose William v. State of Kerala2002 (2) KLT 34PositiveApplied to hold that Bachelor's or Postgraduate degrees suffice for HSA appointment, aligning with the amended rule interpretation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** ## **THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN** **WEDNESDAY, THE 27TH JUNE 2007 / 6TH ASHADHA 1929** **OP.No. 30073 of 2000(E)** - **-----------------------------** **PETITIONER:** - **---------------** **MURUKESAN S.S., PRIMARY TEACHER, A.R. NAGAR HIGH SCHOOL, CHANDAPURAYA POST A.R.NAGAR, MALAPPURAM DISTRICT.** **BY ADV. SRI.A.X.VARGHESE SRI.M.RAMESH CHANDER** **RESPONDENTS:** - **-----------------** **1. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT, THIRUVANANTHAPURAM.** **2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM.** **3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM.** **4. DISTRICT EDUCATIONAL OFFICER, TIRUR** **5. GEETHAKUMARI.T.S. U.P.S.A., A.R.NAGAR, HIGH SCHOOL, CHANDAPURAYA POST A.R.NAGAR, MALAPPURAM DISTRICT.** **6. MANAGER, A.R.NAGAR HIGH SCHOOL, CHANDAPURAYA, POST A.R.NAGAR, MALAPPURAM DISTRICT.** - **BY ADV. SRI.K.M.SATHYANATHA MENON SRI.T.KRISHNAN UNNI GOVERNMENT PLEADER SMT.T.B.RAMANI** **THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **OP. 30073/2000** **ORDER ON CMP. NOS.50894/2000,12979/2000, 55162/2000,57861/2000 IN OP. 30073/2000 - DISMISSED** ## **ORDER ON CMP. NO. 50973/2000 IN OP. 30073/2000 - CLOSED** ## **27.06.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **EXT.P1:- COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT DT. 31.8.99.** **EXT.P2:- COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT ON 13.9.99.** **EXT.P3:- COPY OF THE REPRESENTATION TO 3RD RESPONDENT DT. 6.3.2000.** **EXT.P4:- COPY OF THE OBJECTION TO THE 3RD RESPONDENT DT. 6.3.2000.** **EXT.P5:- COPY OF THE ORDER NO.K.DIS B4-32733/99 DT. 20.3.2000.** **EXT.P6:- COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DT. 21.3.2000.** **EXT.P7:- COPY OF THE ORDER NO.EM(3) 28812/2000/K.DIS DT. 9.6.2000.** **EXT.P8:- COPY OF THE JUDGMENT IN OP.19290/02 DT. 11.7.2000 OF THE HONOURABLE HIGH COURT OF KERALA.** **EXT.P9:- COPY OF THE REVISION FILED BEFORE THE 1ST RESPONDENT DT. 21.7.2000.** **EXT.P10:- COPY OF THE HEARING NOTES BEFORE THE 1ST RESPONDENT.** **EXT.P11:- COPY OF THE G.O.(Rt) NO.3939/200/G.EDN. DT. 26.9.2000. EXT.P12:- COPY OF THE DEGREE MARKLIST OF THE B.A.DEGREE.** ## **OP. NO.30073/2000** **EXT.P13:- COPY OF THE DEGREE CERTIFICATE ISSUED FROM THE CALICUT UNIVERSITY.** ## **EXT.P14:- COPY OF THE CORRECT PICTURE A PROSPECTUS OF THE ZAMORINS GURUVAYURAPPAN COLLEGE, A COLLEGE, WHICH IS COMING UNDER THE CALICUT UNIVERSITY.** **EXT.P15:- COPY OF THE GOVERNMENT ORDER G.O.(MS) NO. 177/87/G.EDN. THIRUVANANTHAPURAM DT. 22.8.1987.** ## **/TRUE COPY/** **tss** ## **THOTTATHIL B. RADHAKRISHNAN, J.** = = = = = = = = = = = = = = = = = = = = = = ## **O.P.No.30073 of 2000-E** = = = = = = = = = = = = = = = = = = = = = = Dated this the 27[th ] day of June, 2007. ## **JUDGMENT** Petitioner and the 5[th] respondent aspired to be promoted as High School Assistant(Malayalam). 2. Petitioner possesses a Degree in Malayalam and the other relevant qualifications in terms of Rule 2(2)(b)(i) of Chapter XXXI of the Kerala Education Rules, hereinafter "KER", for short. The 5[th] respondent, the admitted senior of the petitioner, does not possess a Degree in Malayalam, in the sense, a Degree of graduate level, in Malayalam. However, she holds an M.A. Degree in Malayalam. The official respondents have promoted and approved the promotion of the 5[th] respondent in preference to the petitioner. 3. The short issue raised is as to whether the 5[th] respondent is incompetent in terms of the afore-referred rule in OP30073/2000 -: 2 :- as much as she does not possess a Degree in Malayalam at the graduate level but possesses only a Post Graduate Degree in Malayalam. 4. In **W.A.No.213/1997** (Kerala Public Service Commission v. Alex P. Kaleelazhikam), this Court held that the word "Degree" means a Bachelor's Degree as well as Master's Degree and unless the word "Degree" in the rule is qualified by the word "Bachelor" or "Post Graduate", it should not be understood to mean only a "Bachelor's Degree" and not a Post Graduate Degree. Following that decision of the Division Bench, this Court decided **Bose William v. State of Kerala** [2002 (2) KLT 34] holding that Bachelor's Degree or a Post Graduate Degree would be sufficient for the term "Degree" in relation to appointment of HSA (Social Studies). The learned counsel for the petitioner argued that those decisions relate to different situations and are not immediately referable to the case in hand because, it is not as if a Bachelor's Degree in Malayalam and a Post Graduate Degree in Malayalam are not part of the Degrees granted by the Universities in Kerala. He argued that going by the syllabi of the different Universities, it could be seen that the OP30073/2000 -: 3 :- quality of instruction available in the course leading to a Bachelor's Degree in Malayalam and that in the course leading to a Post Grade Degree in Malayalam need not necessarily end up in resulting in the same quality of academic attainment of the individual and therefore, in the realm of academics, it may be improper to read in an opinion by merely interpreting the rule. But such an issue no more survives for consideration because, the Government have, in their wisdom, by the Kerala Education (Amendment) Rules, 2002 which came into effect with effect from 22-8-1987, amended the provisions in Chapter XXXI KER by introducing the following proviso after sub-rule (2) of Rule 2: "Provided that a post graduate degree in the subject or language concerned shall be considered as an alternative qualification of degree in such subject or language concerned for appointments as High School Assistant (Subject) or High School Assistant (Languages) as the case may be." 5. In the light of the aforesaid amendment to the rule, the arguments of the petitioner no more survive. The writ OP30073/2000 -: 4 :- petition accordingly fails. In the result, the writ petition is dismissed. Sd/- **THOTTATHIL B. RADHAKRISHNAN, JUDGE.** Sha/- ## **THOTTATHIL B. RADHAKRISHNAN, J.** = = = = = = = = = = = = = = = = = = = **O.P.No. 30073 of 2000-E** = = = = = = = = = = = = = = = = = = = **JUDGMENT** **Dated: 27[th] June, 2007.**