Corporate Educational Agency ... vs State Of Kerala
2021 Latest Caselaw 5017 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                      WP(C).No.23671 OF 2020(H)


PETITIONER:

      1        CORPORATE EDUCATIONAL AGENCY MARY MATHA PROVINCE
               ANGAMALY, REPRESENTED BY ITS MANAGER,
               SMT. PRASANNA, AGED 59 YEARS, D/O. OUSEPH,
               KALLARACKAL HOUSE, MOOKKANNOOR.

      2        SHEELA KURIAN (HEAD MISTRESS), AGED 53 YEARS
               D/O. KURIAKOSE, CHIRAMEL HOUSE, KADUKUTTY,
               HSA MATHS ST. JOSEPH'S GIRLS HIGH SCHOOL,
               KARUKUTTY, (PRESENTLY WORKING AS HM OLPHUPS,
               EDAKKUNNU).

               BY ADV. SRI.T.M.ABDUL LATIFF

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY SECRETARY,
               GENERAL EDUCATION DEPARTMENT,
               THIRUVANANTHAPURAM-695 001

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM, PIN-695014

      3        DEPUTY DIRECTOR OF EDUCATION,
               ERNAKULAM, PIN-682 011

      4        THE DISTRICT EDUCATIONAL OFFICER,
               ALUVA, PIN-683 101

      5        ASSISTANT EDUCATIONAL OFFICER,
               ANGAMALY, PIN-683 572

               BY SRI. P.M. MANOJ (SR.GP)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 23671/20
                                       2



                                  JUDGMENT

The Corporate Educational Agency of "Mary

Matha Province, Angamaly and the Headmistress

of 'OLPHUP School', Edakkunnu, have approached

this Court impugning Exts.P2, P4 and P5,

orders of the competent Educational

Authorities refusing to grant approval to the

appointment of the 2nd petitioner as the

Headmistress of the school, with effect from

01.04.2018.

2. The petitioners say that the reasons

stated in the impugned orders are untenable,

since the 2nd petitioner, though junior, was

the only person available for being appointed

as the Headmistress, since all seniors had

relinquished their claims and also because she

had time till 2021 to be test-qualified at the

relevant time when she was appointed. They say

that it is without looking into these aspects

at all that the Educational Authorities have WPC 23671/20

rejected the claim for approval of the

appointment of the 2nd petitioner, through the

impugned orders.

3. Sri.T.M.Abdul Latiff - learned counsel

for the petitioners, submitted that the

position of law is now well settled through

various judgments placed on record, that a

teacher obtains three years time to qualify

the test to be appointed as the Headmistress

and further that since the school is a

minority educational institution, a junior can

be appointed as its Head, provided she is

qualified and a fair and transparent procedure

had been followed. He submitted that, in this

case, there was no such requirement of a

procedure, since all senior teachers have

relinquished their claims, as is evident from

Exts.P16 to P38. He submitted that since the

2nd petitioner was entitled to be appointed as

the Headmistress on the strength of the WPC 23671/20

exemption available to her from holding a test

qualification until the year 2021, and since

she had, in the meanwhile, attained the age of

50 years - thus being permanently entitled to

such exemption - the impugned order could not

have been issued by the Authorities. He says

that this is more so since the 2nd petitioner

had test-qualified in the meanwhile, as is

evident from Ext.P12. He, therefore, prayed

that Exts.P2, P4 and P5 be set aside and that

the competent respondents be directed approve

the 2nd petitioner's appointment as the

Headmistress of the School with effect from

01.04.2018.

4. In response, Sri. P.M. Manoj - learned

Senior Government Pleader, submitted that the

reasons in the impugned order are clear and

valid; and therefore, that the 2nd petitioner

cannot impel a legal claim to be approved as

the Headmistress of the School, particularly WPC 23671/20

when she was not test qualified and was

admittedly junior to many other teachers.

However, to a pointed question, he submitted

that if the petitioners are able to establish,

through cogent and reliable evidence, that all

other senior teachers had relinquished their

claims and the that the 2nd petitioner had

acquired the test-qualification within the

time available to her as per the applicable

Government Orders and Statutory Provisions,

the Additional Director of General Education

is willing to reconsider the matter and take

an appropriate decision. He, therefore, prayed

that this Writ Petition be ordered on such

terms.

5. The afore factual narration makes it

clear that the case of the 2nd petitioner is

that though she is junior, the seniors have

relinquished their claim to be appointed as

the Headmistress and further that she had time WPC 23671/20

till 2021 to acquire the test-qualification,

within which time, she had so qualified.

Obviously, therefore, if the 2nd petitioner is

able to establish these facts before the

competent Authority, then I see no reason why

her appointment as the Headmistress should not

be approved.

Resultantly, I order this writ petition

and set aside Ext.P5, so as to pave way for a

fresh consideration at the hands of the Deputy

Director of Education, Ernakulam; who shall do

so, after affording an opportunity of being

heard to the petitioners - either physically

or through videoconferencing - and issue a

fresh order within a period of three months

from the date of receipt of a copy of this

judgment.

I make it clear that the petitioners will

be at full liberty to produce all documents to

substantiate their case directly before the WPC 23671/20

Deputy Director of Education, within a period

of two weeks from the date of receipt of a

copy of this judgment and same shall also be

taken note of by the said Authority, while the

afore exercise is completed.

Sd/-

                                 DEVAN RAMACHANDRAN
       RR                              JUDGE
 WPC 23671/20




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE APPOINTMENT ORDER

OF 2ND PETITIONER DATED 1.6.2016.

EXHIBIT P2 TRUE COPY OF THE PROCEEDING NO.

B2/3279/2016/K.DIS OF THE 4TH RESPONDENT DATED 8.8.2018.

EXHIBIT P3 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT DATED 30.7.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.

B6/5083/2018/K.DIS DATED 1/12/2018

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

F5/403/2019/D.P.I/K.DIS DATED 30.06.2020.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 1.9.2020.

EXHIBIT P7 TRUE COPY OF THE PETITION DATED 30.09.2020.

EXHIBIT P8 TRUE COPY OF THE SENIORITY LIST AS ON THE DATE OF OCCURANCE OF VACANCY OF THE SCHOOL DATED 1.4.2018.

EXHIBIT P9 TRUE COPY OF THE NO OBJECTION DATED 28.3.2018.

EXHIBIT P10 TRUE COPY OF THE NO OBJECTION DATED 27.3.2018.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 27.01.2020 IN OP KAT NOS. 105, 181, 184 AND 259 OF 2019.

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE DATED 28.6.2019.

EXHIBIT P13 TRUE COPY OF THE ORDER NO.

G.O(RT)NO. 2290/2020/GEDN OF THE 1ST WPC 23671/20

RESPONDENTDATED 8.7.2020.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 31797/19 DATED 25.11.2019.

EXHIBIT P15 TRUE COPY OF THE COUNTER AFFIDAVIT IN WPC NO.23793/2020 DATED 19/1/2021

EXHIBIT P16 TRUE COPY OF THE LIST OF TEACHERS

EXHIBIT P17 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF PRINCY.P.K. (UPSA)

EXHIBIT P18 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF JOYSEE.E.V (UPSA)

EXHIBIT P19 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF BEDSY.J (UPSA)

EXHIBIT P20 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF CICILY.K.I (UPSA)

EXHIBIT P21 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF SHEELA ANTONY (UPSA)

EXHIBIT P22 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF JASEENTHA JOSEPH (UPSA)

EXHIBIT P23 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF JEENA.T.T (UPSA)

EXHIBIT P24 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF JHANCY M.J (UPSA)

EXHIBIT P25 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF DAISY A.O (UPSA)

EXHIBIT P26 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF M.K.MARY KUNJU (UPSA)

EXHIBIT P27 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF TRESAMMA JOSEPH (UPSA)

EXHIBIT P28 TRUE COPY OF THE CONSENT LETTER WPC 23671/20

DATED 28/3/2018 OF LISSY JOSEPH (UPST)

EXHIBIT P29 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF GRACY.K.A (UPST)

EXHIBIT P30 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF LIZA.P.HORMISE (UPSA)

EXHIBIT P31 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF JOYCE (UPST)

EXHIBIT P32 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF ANIES.P.C (UPSA)

EXHIBIT P33 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF ANCY JOSE (UPST)

EXHIBIT P34 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF MERLY DAVIS (UPSA)

EXHIBIT P35 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF REETHAMMA.E.P (UPSA)

EXHIBIT P36 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF DAISY JOSEPH (UPSA)

EXHIBIT P37 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF LILLY.E.J (UPSA)

EXHIBIT P38 TRUE COPY OF THE CONSENT LETTER DATED 28/3/2018 OF MERLY M VARGHESE (UPST)