Kerala High Court
Sabitha P. vs State Of Kerala on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.1177 OF 2021(V)
PETITIONERS:
1 SABITHA P., AGED 39 YEARS
W/O. SURESHKUMAR, LOWER PRIMARY SCHOOL ASSISTANT,
KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL,
P.O. VELLANIKKARA, THRISSUR DISTRICT - 680654.
2 K.A UMA, AGED 36 YEARS
LOWER PRIMARY SCHOOL ASSISTANT, KERALA AGRICULTURAL
UNIVERSITY HIGH SCHOOL, P.O. VELLANIKKARA, THRISSUR
DISTRICT - 680654.
3 G.ASWATHI, AGED 37 YEARS
LOWER PRIMARY SCHOOL ASSISTANT, KERALA AGRICULTURAL
UNIVERSITY HIGH SCHOOL, P.O. VELLANIKKARA, THRISSUR
DISTRICT - 680654.
SRI.M.SASINDRAN
SRI.JOMY K. JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM - 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR - 680003.
4 THE DISTRICT EDUCATIONAL OFFICER,
THRISSUR DISTRICT - 680020.
5 THE KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL
VELLANIKKARA, THRISSUR, REPRESENTED BY ITS MANAGER -
REGISTRAR, P.O. VELLANIKKARA - 680654, THRISSUR
DISTRICT.
6 THE KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA, THRISSUR DISTRICT, PIN - 680654,
WP(C).No.1177 OF 2021(V)
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REPRESENTED BY ITS REGISTRAR.
7 SIMI S BACKER,
D/O. ABOOBACKER, LOWER PRIMARY SCHOOL ASSISTANT,
KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL,
VELLANIKKARA, THRISSUR DISTRICT - 680654.
SRI.V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
SRI.P.M.MANOJ-SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1177 OF 2021(V)
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JUDGMENT
Dated this the 16th day of March 2021
The petitioners, who are stated to be working as Lower
Primary School Assistants in the "Kerala Agricultural
University High School", Thrissur - which is a recognised
unaided school - has approached this Court impugning Ext.P6
order issued by the Government, which mandates that while
fixing seniority and preparing the seniority list of teachers in
the services of the school, the provisions of Rule 37 of Chapter
XIVA of the Kerala Education Rules (KER) must be applied.
2. The petitioners specifically contend that the school,
being a recognised unaided school, is not governed by
Chapter XIVA of the KER, but only by Chapter XIV(AA)
thereof; and therefore that, except the stipulation that the
teachers must have the qualification as prescribed by the
KER, the other provisions relating to seniority and such other,
as are mandated in Chapter XIVA of the KER, would not apply.
3. The petitioners allege that it is without considering
any of these aspects that the Government has now issued
Ext.P6 and thus pray that the same be set aside as being
illegal and unlawful.
4. In response to the afore submissions made on behalf
WP(C).No.1177 OF 2021(V)
of the petitioners by their learned counsel Sri.M.Sasindaran,
the learned Senior Government Pleader - Sri.P.M.Manoj
submitted that Ext.P6 order has been issued only because the
school in question is regulated by the various provisions of the
KER, particularly those in Chapter XIVA thereof. He
submitted that even though the appointment of teachers does
not require to be approved in terms of the provisions of the
KER, the School is bound to follow the other conditions,
especially with respect to the preparation of seniority list of
teachers, as per Rule 37 of Chapter XIVA of the KER. He
submitted that, therefore, Ext.P6 is without error and prayed
that this writ petition be dismissed.
5. Sri.Robson Paul, the learned standing counsel for the
sixth respondent - Kerala Agricultural University submitted
that the school in question is affiliated to the said University
and is being run as an unaided recognised school. He
submitted that even though the provisions of Chapter XIVA of
the KER is applicable to the school, which mandates that the
teachers be appointed only ensuring that they have all the
requisite qualification as per the KER, the further provisions
of the KER are not applicable; and added that, had the
Government given his client an opportunity of being heard,
WP(C).No.1177 OF 2021(V)
these aspects could have been brought into their notice and
Ext.P6 perhaps would not have been then issued. He,
therefore, prayed that Ext.P6 be quashed and the Government
be directed to reconsider the matter, after hearing the
authorised officer of the University also.
6. When I examine Ext.P6 in the backdrop of the afore
rival submissions, it is rendered without doubt that it has been
issued by the Government after acknowledging that the school
in question being a recognised unaided school, all the
provisions of the KER would not become applicable. It is also
recorded in Ext.P6 that the provisions of Kerala State and
Subordinate Service Rules (KS & SSR), as far as the service
conditions of the teachers, are applicable; but it then
proceeds to hold that since the school has been recognised
under the provisions of Chapter XIVAA of the KER, the
stipulations in Chapter XIVA, particularly Rule 37 therein with
respect to preparation of seniority list, also becomes
applicable.
7. I am afraid that I cannot accept the stand of the
Government in Ext.P6 without further scrutiny, because even
though the school has been recognised under the provisions of
Chapter XIVAA of the KER, it cannot be automatically held
WP(C).No.1177 OF 2021(V)
that every other provisions of the KER would become
applicable, particularly when it is conceded that the
appointments of teachers of such schools are not required to
be approved by the competent educational Authorities under
the mandate of the KER.
8. I must, however, hasten to add that I am not
concluding affirmatively in any manner on the issue
concerned, but my only intent is that the Government must
reconsider the matter, after hearing the Registrar or other
authorised officer of the Kerala Agricultural University, along
with the teachers involved.
9. In the afore circumstances, I order this writ petition
and set aside Ext.P6, not because I have found against it
conclusively, but so as to pave way for a reconsideration of the
matter, after hearing the affected parties.
10. Resultantly, the competent Secretary of the
Government will hear the petitioners, as also any other
teacher who may be interested in being heard, along with the
Registrar or such other authorised officer of the Kerala
Agricultural University - either physically or through video
conferencing - thus leading to a decision as to whether the
provisions of Chapter XIVA and in particular Rule 37 thereof
WP(C).No.1177 OF 2021(V)
would apply to this school or whether it would be the
provisions of KS & SSR which should be applicable, as has
been asserted by the petitioners.
The afore exercise shall be completed as expeditiously as
is possible, but not later than two months from the date of
receipt of a copy of this judgment and the resultant order
shall be issued to the petitioners without any avoidable delay
thereafter.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.1177 OF 2021(V)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK
LIST PUBLISHED BY THE KERALA AGRICULTURAL
UNIVERSITY DATED 24.09.2009.
EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDER DATED
17.02.2010 ISSUED BY THE KERALA AGRICULTURAL
UNIVERSITY VIDE NO.GA/J2/31594/09.
EXHIBIT P3 A TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF
HSA, LPSA AND SCHOOL ASSISTANT IN THE KERALA
AGRICULTURAL UNIVERSITY HIGH SCHOOL ISSUED VIDE
NO. GA/J2/6035/2015 DATED 26.03.2015.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B5/5380/2018/K.DIS
DATED 31.08.2018 ISSUED BY THE 4TH RESPONDENT
DISTRICT EDUCATIONAL OFFICER, THRISSUR.
EXHIBIT P5 A TRUE COPY OF THE SENIORITY LIST OF LPSA
PUBLISHED BY THE KERALA AGRICULTURAL UNIVERSITY
DATED 06.03.2018.
EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT VIDE NO.G.O(P) NO.3426/2020/END. DATED
24.12.2020.
