TMI Blog2003 (3) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... TTC) were entitled to compete for the selection and seek appointment. 2. Learned Single Judge of the High Court of Kerala by judgment dated 25.1.1999 allowed the petition of the present appellants holding that B.Ed. candidates could not have been included in the select or rank list as they were not eligible under the terms of the advertisement. The learned single judge issued directions to the State Public Commission to prepare the rank list afresh by excluding B.Ed. candidates. A further direction was issued that all orders of appointment issued in favour of B.Ed. degree holders be cancelled. The relevant part of the directions given by the learned single judge deserves to be reproduced: In the above mentioned circumstances, Original Petition succeeds and it is declared that B.Ed. holders who are not having TTC and who have been included in the rank list should be deleted from the rank list. Accordingly, there will be a direction to the Public Service Commission to rearrange the rank list in the Pathanamthitta District, after excluding above-mentioned persons. This exercise should be done within a period of one month from the date of receipt of a copy of this judgment. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We therefore direct the government to frame rules as above expeditiously, at any rate within a period of three months from today and to regulate all future selections and appointments accordingly. In view of the discussion herein above we hold that the rank list published by the PSC for appointment to the post of UPSA/LPSA (Malayalam) in Pathanamthitta district is valid. The direction given by the learned single judge in the impugned judgment to the PSC to re-arrange the rank list in Pathanamthitta district and to cancel all the appointments of B.Ed. holders to the post of UPSA and LPSA is set aside. All the appointments of B.Ed. holders so far made to the post of LPSA/UPSA are declared valid. The judgment of the learned single judge in OP No. 19187 of 1999 is accordingly set aside. 4. Aggrievedly by judgment of the division bench, the present appellants who are holders of TTC and have not been able to get selected for the post of lower/upper primary teachers have approached this Court in these appeals. 5. In the advertisement which was published in the Notification in the Gazette dated 22.11.1994, the qualifications for the post of lower/upper primary teachers were presc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of Notification i.e. 8.6.2000. 9. It is not disputed before us by the parties that Kerala Education Act of 1958 and the Kerala Education Rules framed thereunder regulate recruitment to the posts of teachers in private schools aided by the Government. It is not brought to out notice that correspondingly the Government Memorandum or Order which regulated recruitment to Government Primary Schools has also been amended to prescribe B.Ed. and equivalent degree qualification as eligibility qualification for the post. 10. We find absolutely no force in the argument advanced by the respondents that B.Ed. qualification is a higher qualification than TTC and therefore, the B.Ed. candidates should be held to be eligible to compete for the post. On behalf of appellants, it is pointed out before us that Trained Teachers Certificate is given to teachers specially trained to teach small children in primary classes whereas for B.Ed. degree, the training imparted is to teach students of classes above primary. B.Ed. degree holders, therefore, cannot necessarily be held to be holding qualification suitable for appointment as teachers in primary schools. Whether for a particular post, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the respondent states that two interim orders were made by this Court during the pendency of Special Leave Petitions and after grant of leave for these appeals. The relevant orders dated 3.7.2000 and 1.3.2001 read as under: Court Order dated 3.7.2000 Taken on Board. Issue notice. Any appointment in the meanwhile made will be subject to the result of any order passed in this SLP. Court Order dated 1.3.2001 ..... ..... Mr. PP Rao, learned Senior Counsel submitted on behalf of the State of Kerala that TTC holders alone will be appointed in the vacancies arising in respect of lower primary schools (LPS). This will continue for the future posts also until otherwise decided by this Court. He submitted that so far as upper Primary Schools (UPS) are concerned, until otherwise decided, TTC holders as well as B.Ed. holders will be considered and the Public Service Commission (PSC) will select the persons out of this as one category who are more competent among them for appointment. We make it clear that all such appointments made after 3.7.2000 will be treated as only provisional appointments and be subject to the final result of the appeals. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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