Smt.Beena S vs State Of Kerala
2021 Latest Caselaw 4616 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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

                       WP(C).No.2830 OF 2021(C)


PETITIONERS:

      1        SMT.BEENA S
               AGED 45 YEARS
               H.S.A (HINDI), EZHIPURAM H.S.S, PARIPPALLY,
               KOLLAM DISTRICT-691 574.

      2        SMT. LUNA G,
               H.S.A.(HINDI), R.SANKAR MEMORIAL H.S.PAZHANGALAM,
               NALLILA P.O.KOLLAM DISTRICT-691 515.

      3        SMT. JAYASREE L,
               H.S.A.HINDI, M.M.H.S.UPPOODU, EAST KALLADE P.O.
               KOLLAM DISTRICT-690 524.

      4        SMT. SALIJA K,
               H.S.A HINDI, S.D.P.H.S.MAHADEVIKAD,
               ALAPPUZHA DISTRICT-690 516.

      5        SMT. SUNI P.G,
               H.S.A HINDI, K.S.H.S, MUTHUKULAM,
               ALAPPUZHA DISRICT-690 507.

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

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

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        DIRECTOR,
               STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING
               (SCERT), VIDHYABHAVAN,
               THIRUVANANTHAPURAM, KERALA-695 012.

      4        KERALA HINDI PRACHAR SABHA,
               REPRESENTED BY ITS SECRETARY, KOTTON HILL,
               VAZHUTHAKKADU, THRIVUANANTHAPURAM-695 0014.
 WP(C).No.2830 OF 2021(C)

                                2


       5      DISTRICT EDUCATIONAL OFFICER,
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              KOLLAM-691 013.

       6      DISTRICT EDUCATIONAL OFFICER,
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              ALAPPUZHA-689 595.



              SR T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2830 OF 2021(C)

                                        3




                                 JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1 st respondent to consider and pass orders on Exts.P13 to P17 revisions/representations in accordance with law after adverting Exts.P18 to P20 and after affording opportunity of hearing the petitioners and the respondents 3 & 4 as expeditiously as possible.

(ii) To issue a writ of Certiorari or other appropriate writ or order to quash Exts.P2 and P3 orders issued by the 2nd and 5th respondents as they are illegal and unreasonable.

(iii) To declare that the qualification 'Acharya' of Kerala Hindi Prachar Sabha acquired by the petitioners are requisite training qualification for the post H.M. of the High School as it is already approved/recognized by the 1 st respondent as a training qualification for the post of HST (Hindi ) and recommended by the 3rd respondent for equivalency to B.Ed (Hindi)

(iv) To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to consider the training qualification 'Acharya' of Kerala Hindi Prachar Sabha as a requisite qualification for the promotion post of H.M. by granting equivalency to B.Ed.(Hindi) WP(C).No.2830 OF 2021(C)

2. Heard the learned counsel for the petitioners and the

learned Government Pleader as well as the learned counsel

appearing for the 3rd respondent.

3. The claim raised by the petitioner in the writ petition is for a

consideration of the training qualification of Acharya which was

approved for the 1st respondent as training qualification for the post

of UPSA and HSA. It is stated that the respondents are now declining

to treat the said qualification as sufficient requisite training

qualification for appointment to the post of

Headmaster/Headmistress. It is contended by the learned counsel

for the petitioner that the amendment made to the Kerala Education

Rules by Ext.P20 would make it clear that the petitioners are entitled

to treat the Acharya qualification also as equivalent to the training

qualification required for appointment as

Headmaster/Headmistress.

4. The learned Government Pleader as well as the learned

counsel for the 3rd respondent would submit that the Acharya course

undergone by the petitioners had only one year duration and that in

view of the fact that following the recommendations of the 3 rd WP(C).No.2830 OF 2021(C)

respondent, the training qualifications have been approved with a

two year duration, the question whether the petitioners'

qualification which is admittedly of a one year duration is to be

equated with the training qualifications required for further

promotions is doubtful.

5. In any view of the matter, I find that the petitioners have

approached the 1st respondent with Exts.P13 to P17 representations,

it is for the Government to take an appropriate decision on the

representations preferred by the petitioners taking note of all the

aspects in the mater. The learned counsel for the petitioners submits

that Exts.P18 to P20 may also be considered by the Government

while passing the orders.

In the above view of the matter, there will be a direction to the

1st respondent to take up, consider and pass orders on Ext.P13 to P17

representations preferred by the petitioners. The petitioners can be

put on notice and heard through any appropriate means including

through video conferencing. Respondents 3 and 4 may also be put

on notice by the 1st respondent. The documents produced by the

petitioners as Exts.P18 to P20 shall also be taken note of by the 1 st WP(C).No.2830 OF 2021(C)

respondent while passing orders as directed above. Appropriate

orders shall be passed after hearing the petitioners also within a

period of three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.2830 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 5.6.2002 ISSUED BY THE MANAGER OF THE SCHOOL

EXHIBIT P2 TRUE COPY OF THE ORDER NO B6/3480/16/K.DIS DATED 9.1.2017 ISSUED BY THE 5TH RESPONDENT ALONG WITH TYPED COPY

EXHIBIT P3 TRUE COPY OF THE ORDER NO ET1/50124/17/DPI/K.DIS DATED 2.8.2017 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ACHARYA CERTIFICATE DATED 8.7.1999 OBTAINED BY THE 1ST PETITIONER

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.7.2005 OF THE 2ND PETITIONER ISSUED BY THE MANAGER OF THE SCHOOL

EXHIBIT P6 TRUE COPY OF THE ACHARYA CERTIFICATE DATED 23.11.2004 OBTAINED BY THE 2ND PETITIONER

EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.11.2001 OF THE 3RD PETITIONER ISSUED BY THE MANAGER OF THE SCHOOL

EXHIBIT P8 TRUE COPY OF THE ACHARYA CERTIFICATE DATED 8.7.1999 OBTAINED BY THE 3RD PETITIONER

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER DATED 20.6.2001 OF THE 4TH PETITIONER ISSUED BY THE MANAGER OF THE SCHOOL

EXHIBIT P10 TRUE COPY OF THE ACHARYA CERTIFICATE DATED 10.4.2001 OBTAINED BY THE 4TH PETITIONER

EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER DATED 3.6.1999 OF THE 5TH PETITIONER ISSUED BY THE MANAGER WP(C).No.2830 OF 2021(C)

EXHIBIT P12 TRUE COPY OF THE ACHARYA CERTIFICATE DATED 23.11.2004 OBTAINED BY THE 5TH PETITIONER

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 15.1.2021

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 15.1.2021

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER DATED 15.1.2021

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER DATED 15.1.2021

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER DATED 15.1.2021

EXHIBIT P18 TRUE COPY OF THE GO(MS) NO 49/2013/G.EDN DATED 11.2.2013 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P19 TRUE COPY OF THE LETTER NO PROG 4/4672/2019/SCERT DATED 13.11.2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P20 TRUE COPY OF THE GO(P) NO 4/2020/G.EDN DATED 17.2.2020 AS S.R.O NO 131/2020 ISSUED BY THE 1ST RESPONDENT