Kerala High Court
Hajara T. vs Hajara T. on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WA.No.97 OF 2021
AGAINST THE JUDGMENT DATED 21.12.2020 IN WP(C) 24303/2018(K) OF
HIGH COURT OF KERALA
APPELLANT/5TH RESPONDENT:
HAJARA T., AGED 55 YEARS
WIFE OF KHALID, HEADMISTRESS, THIRUVAL UP SCHOOL.
PANOOR, KANNUR DISTRICT-670692.
RESIDING AT RACHANA, THALAYANIYIL, PANOOR,
KANNUR DISTRICT-670692.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4:
1 SUHASINI M.P., AGED 53 YEARS, TEACHER, THIRUVAL UP
SCHOOL, PANOOR, KANNUR DISTRICT-679692.
2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURM-695001.
3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY,
THIRUVANANTHAPURAM-695014.
4 THE ASSISTANT EDUCATIONAL OFFICER, PANOOR,
KANNUR DISTRICT 670692
5 THE MANAGER, THIRUVAL UP SCHOOL, PANOOR
KANNUR DISTRICT. 670692
SRI. A.J. VARGHESE-SR. G.P.R2 TO R4
ADV. R.K. MURALEEDHARAN
ADV. BABU KARUKAPADATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.97/2021
2
JUDGMENT
Dated this the 12th day of January 2021
Shaffique, J
This appeal has been filed challenging the judgment dated
21.12.2020 in W.P.(C).No.24303/2018 by which the learned Single
Judge had allowed the writ petition filed by the 1 st respondent and
issued the following direction:
"13. In the above view of the matter, I am of the opinion
that the reliefs sought for in the writ petition are liable to be
allowed. The writ petition is, therefore, allowed. The 4th
respondent is directed to appoint the petitioner as Headteacher
with effect from 01.06.2018. The respondents shall approve the
appointment, if it is otherwise in order. All attendant benefits
shall be disbursed to the petitioner within three months from the
date of receipt of a copy of this judgment."
2. The appellant herein who is the 5th respondent in the writ
petition has a contention that the petitioner/1 st respondent herein was
appointed as Headmistress in a vacancy that has arisen on
01.06.2018. Since she had crossed the age of 50 years, she was
exempted from acquiring the requisite qualification for Headmistress.
Learned Single Judge however observed that in view of the judgment
of a Division Bench of this Court in W.A.No.1472/2017, which
specifically considered the provisions of Rule 18(1) of the Kerala Right
of Children to Free and Compulsory Education Rules, 2009 (for short
W.A.No.97/2021
RTE Rules), the head teachers has to acquire the requisite qualification
as per the provisions of Kerala Education Acts and Rules.
3. Be that as it may, subsequently the Government had issued
an order dated 23.12.2020 adding a proviso to Rule 18(1) RTE Rules,
inter alia stating that the teachers who had crossed 50 years will be
exempted from test qualification. The said provision is under
challenge in W.P.(C).No.715/2021, in which the appellant is also a
party. In that case, an order of status quo has also been issued.
Learned counsel appearing for the petitioner/1st respondent would
submit that she had already assumed charge and is working as
Headmistress in the said school.
4. Taking into consideration the said facts, when the validity of
the amendment dated 23.12.2020 is under challenge, and an interim
order is passed in that case in which the appellant is also a party, it is
only appropriate that the learned Single Judge decides the said writ
petition and the appellant herein can raise all contentions raised by
her in the said writ petition as well.
With that liberty this writ appeal is closed.
Sd/-
A.M.SHAFFIQUE, JUDGE
Sd/-
GOPINATH P., JUDGE
kp True copy
P.A. To Judge
W.A.No.97/2021
APPENDIX:
APPELLANT'S EXHIBITS:
ANNEXURE I: TRUE COPY OF G.O.(P)NO.19/2020/G.EDN. DATED
23.12.2020
ANNEXURE II: TRUE COPY OF GO(P)No.1.2021/G.EDN. DATED 5.01.2021
