Sreelekha L vs State Of Kerala
2021 Latest Caselaw 5048 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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

                       WP(C).No.3598 OF 2021(Y)


PETITIONER:

               SREELEKHA L.
               AGED 43 YEARS
               H.S.A.(HINDI), MSM HIGHER SECONDARY SCHOOL,
               CHATHINAMKULAM, CHANDANATHOPE P. O.,
               KOLLAM - 691 014.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

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

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

      3        DEPUTY DIRECTOR OF EDUCATION
               THEVALLY, KOLLAM - 691 009.

      4        DISTRICT EDUCATIONAL OFFICER
               CIVIL STATION, KOLLAM - 691 013.

      5        MANAGER
               MSM HIGHER SECONDARY SCHOOL, CHATHINAMKULAM,
               CHANDANATHOPE P. O., KOLLAM - 691 014.

      6        K. S. SREEKUMAR
               HEADMASTER, MSM HIGHER SECONDARY SCHOOL,
               CHATHINAMKULAM, CHANDANATHOPE P. O.,
               KOLLAM - 691 014.

               SRI.T RAJASEKHARAN NAIR, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3598 OF 2021

                                         2




                                 JUDGMENT

Dated this the 11th 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, order or direction, directing the respondents 1 to 5 to appoint the petitioner as Headmistress of the MSM Higher Secondary School, Chathinamkulam with effect from 1.4.2017 onwards, by relieving the 6th respondent from the post of Headmaster.

ii) To declare that the 6th respondent is not entitled to hold the post of Headmaster of MSM Higher Secondary School, since he is not a teacher on the rolls of seniority list of the school and consequently terminate his services as Headmaster of the school.

iii) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P-10 petition filed by the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader. In the light of the directions being issued, notice

to respondents 5 and 6 is dispensed with.

3. The petitioner submits that she was appointed as HSA (Hindi) on

07.06.2001 in the 5th respondent's school. She has Acharya

qualification which were acquired by her in 1997. It is submitted that WP(C).No.3598 OF 2021

her claim for appointment as Headmistress had not been considered

in view of the fact that Acharya qualification was not recognized as an

equivalent training qualification for promotion. It is submitted that,

by Ext.P9, the rules have undergone amendment and that Acharya

qualification acquired till 2014-15 has been recognized as equivalent

qualification. It is therefore contended that Ext.P10 petition preferred

by the petitioner before the Government is liable to be considered.

4. Having heard the learned Government Pleader also, I am of the

opinion that it is for the Government to consider Ext.P10 petition

preferred by the petitioner. However, the views of the SCERT are also

liable to be taken into account while considering Ext.P10 petition.

5. There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass appropriate orders on Ext.P10 petition

preferred by the petitioner, with notice to the petitioner as well as

respondents 5 and 6 as also the SCERT and after hearing them, within

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

judgment. It is made clear that the hearing, as directed, can be

conducted through any appropriate means including through video WP(C).No.3598 OF 2021

conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3598 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED TO THE PETITIONER DATED 30.03.2017 BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF SAHITHYACHARYA CERTIFICATE ISSUED BY THE KERALA HINDI PRACHAR SABHA.

EXHIBIT P3 TRUE COPY OF THE ACHARYA CERTIFICATE ISSUED BY THE KERALA HINDI PRACHAR SABHA.

EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA.

EXHIBIT P5 TRUE COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 12.04.2017 OF THE 4TH RESPONDENT NO.B4/1783/17.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 1.6.2017 IN WP(C) NO.18103/2017-K.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED 6.7.2017.

EXHIBIT P9 TRUE COPY OF THE AMENDMENT ISSUED BY THE 1ST RESPONDENT DATED 19.02.2020 IN G.O.(P) NO.4/2020/G.EDN.

EXHIBIT P10 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 22.01.2021.

RESPONDENT'S/S EXHIBITS: NIL