The petitioners are ministerial staff of the Vocational Higher Secondary Education Department. They aspire for promotion to the post of Non-Vocational teacher in the 10% quota reserved for qualified ministerial staff, out of the total posts of Non-Vocational teachers in each category in the department. At a time, when Special Rules had not been framed, they were provisionally appointed as Non- Vocational teachers. At that time, the qualifications for appointment to the post of Non-Vocational teachers in Vocational Higher Secondary Education Department were governed by Government Order on the subject. The petitioners possessed the qualifications so prescribed by Ext.P3 Government Order. Recognizing that qualification, the petitioners were appointed as Non-Vocational teachers (formerly known as non-vocational ecturers) in English under Rule 9(a)(i) of Part II of Kerala State & Subordinate Services Rules, pending finalization of the Special Rules, subject to the condition that such appointments shall be limited to 10% of the cadre strength of each category and that such appointment will not confer on them any preferential claim in the service later. Accordingly, the petitioners continued as non- vocational teachers provisionally. Subsequently, in 2004, Special Rules were framed. The petitioners do not possess the qualifications prescribed by the Special Rules. Therefore, they are sought to be reverted as Ministerial staff. It is under the above circumstances, the petitioners have approached this court challenging the rules prescribing qualifications and also seeking a direction to the respondents for regularization of petitioners in service as Non-Vocational teachers.
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