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Primary HM Judgment
Primary HM Judgment
PRESENT
&
WA.No.1472 OF 2017
APPELLANT/PETITIONER:
SMITHA PAUL
W/O BAIJU, HEADMISTRESS A.M.UPPER PRIMARY SCHOOL,
PUNNATHALA, (VIA) THIRUR, MALAPPURAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 MANAGER
A.M.UPPER PRIMARY SCHOOL PUNNATHALA, (VIA) THIRUR,
MALAPPURAM DISTRICT
WA Nos.1472 & 1514/2017
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6 K.ALI
LPSA, A.M.UPPER PRIMARY SCHOOL, PUNNATHALA,
(VIA) THIRUR, MALAPPURAM DISTRICT.
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PRESENT
&
WA.No.1514 OF 2017
SMITHA PAUL
W/O.BAIJU, HEADMISTRESS, A.M.UPPER PRIMARY
SCHOOL, PUNNATHALA, (VIA) THIRUR, MALAPPURAM
DISTRICT.
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
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6 K.ALI
LPSA, A.M.UPPER PRIMARY SCHOOL, PUNNATHALA,
(VIA) THIRUR, MALAPPURAM DISTRICT.
R6 BY ADV. SRI.M.SAJJAD
SR.GOVT.PLEADER SRI.B.VINOD
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JUDGMENT
Shaffique, J.
2. The short facts of the case are as under; and for easy
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Educational Officer rejected the said proposal as she did not have
the requisite test qualification under the Kerala Education Act and
since the appellant was only 44 years, she was not eligible to be
Test (Lower), he did not have the test qualification of KER. It was
found that Smt.Smitha Paul and Sri.K.Ali were not eligible. The
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had not passed the test under KER as contemplated under Rule
The question considered in the said case was whether the test
as follows:
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18(1) and the consequences that may arise after 6.3.2018. The
extracted hereunder:-
“ORDER
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separately.”
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11. There is no dispute to the fact that Rule 18(1) covers all
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the qualification stipulated under Rule 45B (1) should also contain
qualified since he had not acquired the KER qualification. The KER
(Lower).
12. Though the amendment has not come into effect, the
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was considering the impact of Rule 18(1) and its proviso where
three years' time was granted to a teacher for acquiring the test
Schools as well.
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could not have appointed any other person. Rule 18(1) of the
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dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
MARY JOSEPH
Rp JUDGE
WA Nos.1472 & 1514/2017
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APPENDIX OF WA NO.1472/2017
APPELLANTS' EXHIBITS:
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