The petitioner was appointed as HSA (Malayalam) by the fifth respondent Manager with effect from 19.9.2000. The District Educational Officer, Thiruvalla declined to approve the appointment on the ground that the petitioner did not possess the educational qualification prescribed for the post. An appeal to the Deputy Director of Education was also dismissed. Aggrieved thereby, the Manager preferred a revision petition before the Director of Public Instruction. The Director of Public Instruction rejected the revision petition by Ext.P1 order dated 27.7.2002. The Director of Public Instruction held that the petitioner who is a Graduate in English Language and Literate with History of England and Political Science as subsidiary subjects and who has not studied Malayalam under Part III is not qualified to be appointed as HSA (Malayalam). He also relied on the stipulations in Chapter XXXI of the Kerala Education Rules wherein the qualification for appointment as HSA (Malayalam) are laid down. The said order has admittedly attained finality. 2. The petitioner had in the meanwhile acquired a post graduate degree in Malayalam and thereafter she was appointed as HSA (Malayalam) by Ext.P2 appointment order dated 2.6.2003. That appointment was approved with effect from 2.6.2003 by the District Educational Officer, Thiruvalla. Long thereafter, the petitioner filed Ext.P5 representation dated 23.5.2013 before the Government requesting the Government to approve her appointment with effect from 19.9.2000 by issuing a special order. In the instant writ petition the petitioner prays for a writ in the nature of mandamus commanding the respondents to approve her appointment during the period 19.9.2000 to 2.6.2003. She also seeks a writ in the nature of mandamus commanding the respondents to consider Ext.P5 representation and pass appropriate orders thereon affording her an opportunity of being heard.
3. Rule 2 (b)(i) of Chapter XXXI of the Kerala Education Rules prescribes the qualification for appointment to the post of HSA (Malayalam). The qualification prescribed is a degree in Malayalam or Malayalam as one of the two optional subjects under Pattern II of Part III and B.Ed./B.T/L.T., conferred or recognised by the Universities in Kerala or a title of oriental learning in Malayalam awarded by the Universities in Kerala and certificate in Language Teachers Training issued by the Commissioner for Government Examinations, Kerala. The petitioner did not admittedly possess any of the said qualifications at the time of her initial appointment. Her appointment was therefore rightly not approved. The order declining to approve the said appointment attained finality with the dismissal of the revision petition filed by the Manager before the Director of Public Instruction by order passed 27.7.2002. The petitioner had thereafter acquired a post graduate degree in Malayalam and based on the said qualification she was appointed as HSA (Malayalam) by Ex.P2 appointment order dated 2.6.2003. That appointment was approved. The petitioner cannot on the ground that after Ext.P1 order was passed declining to approve her appointment as HSA (Malayalam), acquired the qualification prescribed for that post contend that her initial appointment made should be approved. The petitioner who was not qualified cannot rely on the subsequent acquisition of qualification to seek approval of her initial appointment as HSA (Malayalam) with effect from 19.9.2000. If that request is accepted it would result in an unqualified person being appointed and that appointment being approved. The relief prayed for by the petitioner cannot be granted. The petitioner has no right and the Government has no corresponding duty to grant the request made by the petitioner in Ext.P5. I therefore find no reason why this Court should direct the Government to consider the petitioner’s request in Ext.P5.
The original petition fails and is accordingly dismissed.
vps P.N.RAVINDRAN, (JUDGE)