M.Rethi vs The State Of Kerala
2021 Latest Caselaw 4582 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                          WP(C).No.20087 OF 2014(I)


PETITIONER:

               M.RETHI
               WIFE OF LATE E.GOPINATHAN NAIR, HEADMISTRESS-IN-
               CHARGE, AIDED UPPER PRIMARY SCHOOL, GURUVAYUR,
               THRISSUR DISTRICT - 680 101.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS
               JAGATHY, THIRUVANANTHAPURAM - 695 014.

      3        THE DISTRICT EDUCATIONAL OFFICER
               CHAVAKKAD, THRISSUR DISTRICT - 680 506.

      4        THE ASSISTANT EDUCATIONAL OFFICER
               CHAVAKKAD, THRISSUR DISTRICT - 680 506.

      5        THE MANAGER
               AIDED UPPER PRIMARY SCHOO, GURUVAYUR, THRISSUR
               DISTRICT - 680 101.

      6        SRI.T.V.VASUDEVAN
               UPPER PRIMARY SCHOOL ASSISTANT, AIDED UPPER PRIMARY
               SCHOOL, GURUVAYUR, THRISSUR DISTRICT - 680 101.

               R5   BY   ADV.   SRI.M.R.ANISON
               R5   BY   ADV.   SMT.ANNIE JACOB
               R6   BY   ADV.   SRI.BRIJESH MOHAN
               R6   BY   ADV.   SMT.K.P.GEETHA MANI
               R6   BY   ADV.   SRI.K.JAJU BABU SR.
               R6   BY   ADV.   SMT.P.A.RINUSA
               R6   BY   ADV.   SMT.M.U.VIJAYALAKSHMI
 WP(C).No.20087 OF 2014           2



             SR.G.P P.M. MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20087 OF 2014                   3

                                  JUDGMENT

The petitioner says that she is working

as the Headmistress-in-charge of 'Aided

Upper Primary School', Guruvayur and that

she entered service of the School on

11.6.1986. She says that the vacancy of

Headmaster arose in the School on 02.1.2012

on a temporary basis and that she was

appointed in such post, since she was the

senior most teacher and because she had

crossed the age of 50, thus being not

required to obtain the test qualification.

2. The petitioner says that, however,

approval has been rejected on the ground

that she is not qualified to be the

Headmistress and that the 6th respondent

ought to have been appointed.

3. The petitioner asserts that even

though she is not test qualified, going by

Rule 45B(4) of Chapter XIVA of the Kerala

Education Rules (KER), she has been exempted

permanently from acquiring such

qualification ever since 27.12.2011, when

she crossed the age of 50. She says that,

in addition to this, as per Ext.P6

Government Order, Rule 18(1) of the Kerala

Right of Children to Free and Compulsory

Education Rules, 2011, has been relaxed and

therefore, that Ext.P5 is completely without

basis.

4. However, after saying as afore, the

petitioner concedes that against Ext.P8,

which, in fact, is the order rejecting the

petitioner's approval - when it was made

substantively to the post of Headmistress

from 01.04.2013 - the Manager has preferred

Ext.P9 Appeal before the District

Educational Officer (DEO), Chavakkad, and

that she is not aware if any orders have

been issued by the said Authority on this

yet. She, therefore, prays that Ext.P5 be

set aside and she be granted the benefit of

continuing as the Headmistress of the School

until her retirement; and alternatively that

Ext.P9 be directed to be taken up and

disposed of by the DEO, if it has not been

already done.

5. Shri.Brijesh Mohan, learned counsel

appearing for the 6th respondent, submitted

that since his client and the petitioner

have both now retired from service, the only

question is as to who among them should have

been appointed as the Headmistress-in-charge

of the School when the vacancy occurred on

2.1.2012. He submitted that, in any case,

the petitioner cannot seek any affirmative

declarations in this writ petition, since

admittedly, Ext.P9 Appeal of the Manager is

still pending before the DEO, Chavakkad.

6. The learned Senior Government

Pleader, Shri.P.M.Manoj, was unable to

inform this Court whether Ext.P9 has been

disposed of; but added that if it is still

pending, there is no legal impediment in the

same being disposed of in terms of law,

after following due procedure.

7. Taking note of the afore

submissions and since I do not think that

this Court will be justified in speaking

affirmatively on the claims of the

petitioner if Ext.P9 is still pending, I am

of the view that this writ petition deserves

to be ordered on the following terms:-

(a) The 3rd respondent - DEO is directed

to take up Ext.P9 Appeal of the Manager and

dispose it of in terms of law, if it has not

already been done, after affording an

opportunity of being heard to the Manager,

the petitioner and the 6th respondent -

either physically or through video

conferencing - thus culminating in an

appropriate order thereon, as expeditiously

as is possible, but not later than three

months from the date of receipt of a copy of

this judgment.

(b) If, on the contrary, Ext.P9 has

already been disposed of, then the said

Authority will forward a copy of the

resultant order to the petitioner and to the

6th respondent by Registered Post

Acknowledgment Due to their addresses shown

in this writ petition, within a period of

one month from the date of receipt of a copy

of this judgment, so as to enable them to

initiate appropriate action, if they are so

interested based on the same.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/12.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXHIBIT P1. TRUE COPY OF THE SENIORITY LIST.

EXHIBIT P2 EXHIBIT P2. TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.01.2012.

EXHIBIT P3 EXHIBIT P3. TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 21.04.2012.

EXHIBIT P4 EXHIBIT P4. TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 14.09.2012.

EXHIBIT P5 EXHIBIT P5. TRUE COPY OF THE ORDER OF THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION DATED 16.07.2014.

EXHIBIT P6 EXHIBIT P6. TRUE COPY OF THE G.O.

(MS)NO.92/2014/G.EDN. DATED 02.06.2014 OF THE GOVERNMENT.

EXHIBIT P7 EXHIBIT P7. TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.04.2013.

EXHIBIT P8 EXHIBIT P8. TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 13.06.2013.

EXHIBIT P9 EXHIBIT P9. TRUE COPY OF THE APPEAL FILED BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 05.07.2013.