2025:KER:29739 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 13679 OF 2025 PETITIONER: NAVAS A AGED 45 YEARS S/O ABDULSALAM HEADMASTER, LMS LP SCHOOL, VARKALA, THIRUVANANTHAPURAM DISTRICT RESIDING PATHEKKARIL, PUNNODE, VETTIYARA P.O. NAVAYIKKULAM, THIRUVANANTHAPURAM, PIN - 695603 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, PIN - 695014 2025:KER:29739 WP(C) NO.13679 of 2025 2 4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VARKALA, THIRUVANANTHAPURAM, PIN - 695141 5 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101 6 THE CORPORATE MANAGER CHURCH OF SOUTH INDIA, KOLLAM- KOTTARAKKARA DIOCESE LMS SCHOOLS CSI COMPOUND, KOLLAM, PIN - 691001 SRI. RIYAL DEVASSY.,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29739 WP(C) NO.13679 of 2025 3 JUDGMENT Dated this the 7th day of April, 2025 The petitioner states that the petitioner commenced his continuous service as Part Time Arabic Teacher from 01.06.2005 onwards at LMS LP School, Mulayara. Later, the petitioner was posted as Full Time Arabic Teacher with effect from 05.06.2006 onwards. The petitioner is having MA, BA, B.Ed and has passed Departmental Test, for appointment to the post of Headmaster. 2. Accordingly, with effect from 01.06.2024, the petitioner was promoted as Headmaster. However, the approval was rejected by the Educational Officer for the reason that he did not have TTC qualification. It is against the Full Bench decision of this Court in Manager SNDP LP School v. K.V.Roy and others [2006 (4) KLT 497], wherein this Court has held that B.Ed is sufficient qualification for 2025:KER:29739 WP(C) NO.13679 of 2025 4 promotion as Headmaster in the Lower Primary School, contends the petitioner. 3. The Assistant Educational Officer failed to consider Ext.P11 judgment and Rule 2 Chapter II KER, which prescribed the definition of Primary School. Aggrieved by the order of the Assistant Educational Officer, the petitioner filed Ext.P12 Revision Petition before the 1st respondent, which is pending consideration, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5. 5. The petitioner submits that the impugned orders have been passed holding that the petitioner does not have TTC qualification. A Division Bench of this Court has held that if one is having B.Ed qualification, it is sufficient qualification for promotion as Headmaster of a Primary School in terms of the KER. 2025:KER:29739 WP(C) NO.13679 of 2025 5 6. In view of the said declaration of law by this Court, I am of the view that the respondents are liable to consider Ext.P12 Revision Petition submitted by the petitioner. In the facts of the case, the writ petition is disposed of directing the 1st respondent to consider Ext.P12 Revision Petition submitted by the petitioner adverting to Exts.P10, P11, P13 and P14 also and pass appropriate orders thereon within a period of four months, after giving an opportunity of hearing to the petitioner. Till a decision is taken on Ext.P12, further proceedings pursuant to Ext.P9 shall stand deferred. Status quo as regards continuance of the petitioner as Headmaster, shall be maintained till a decision is taken on Ext.P12. Sd/- N.NAGARESH JUDGE hmh 2025:KER:29739 WP(C) NO.13679 of 2025 6 APPENDIX OF WP(C) 13679/2025 PETITIONER’S EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS PART TIME ARABIC TEACHER AT LMS LP SCHOOL, MULAYARA IN TRIVANDRUM DISTRICT. FROM 01.06.2005 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS ARABIC TEACHER FULL TIME W.E.F 05.06.2006 ONWARDS AT LMS LP SCHOOL, VAKKOM Exhibit P-3 TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER DATED 15.10.2003 Exhibit P-4 TRUE COPY OF THE DEGREE OF MASTER OF ARTS CERTIFICATE OF THE PETITIONER ISSUED BY THE UNIVERSITY OF KERALA DATED 07.06.2007 Exhibit P-5 TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER ISSUED BY THE UNIVERSITY OF CALICUT DATED 27.07.2013 Exhibit P-6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 04.07.2023 DECLARING THAT THE PETITIONER HAS PASSED THE TEST IN KE ACT AND RULES Exhibit P-7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 04.07.2023 Exhibit P-8 TRUE COPY OF THE ORDER NO. K.K.D/E.D.N/523/2024/C.M (10) DATED 30.05.2024 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER 2025:KER:29739 WP(C) NO.13679 of 2025 7 Exhibit P-9 TRUE COPY OF THE ORDER NO. D/797022/2024 DATED 24.03.2025 OF THE AEO, VARKKALA Exhibit P-10 TRUE COPY OF DECISION REPORTED IN 2006 KHC 1495 DATED 28.09.2006 (MANAGER SNDP LP SCHOOL V. K.V ROY AND OTHERS) Exhibit P-11 TRUE COPY OF JUDGMENT IN WA. NO. 1783/2009 DATED 30.08.2016 Exhibit P-12 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 26.03.2025 ( WITHOUT EXHIBITS) Exhibit P-13 TRUE COPY OF THE G.O(RT) NO. 6742/2024/G.EDN DATED 01.10.2024 Exhibit P-14 TRUE COPY OF THE G.O(RT) NO. 1083/2024/G.EDN DATED 07.02.2024