Sreelekha.L vs State Of Kerala
2023 Latest Caselaw 2897 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 23622 OF 2021
PETITIONER:

          SREELEKHA.L
          H.S.A. (HINDI), MSM HIGHER SECONDARY SCHOOL,
          CHATHINAMKULAM, CHANDANATHOPE P.O., KOLLAM - 691 014.
          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH


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.
          BY ADVS.
          K.MOHANAKANNAN
          A.R.PRAVITHA
          SMT. NISHA BOSE SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23622 OF 2021

                                  2


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 23622 of 2021
     ----------------------------------------------
     Dated this the 13th day of March, 2023


                       JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) to issue a Writ of Certiorari, or any other appropriate writ, order or direction, to quash Exhibit P-12 order issued by the 1st respondent.

(ii) 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.

(iii) to grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case."[SIC]

2. The petitioner was appointed as H.S.A.

(Hindi) on 07.06.2001. At the time of her appointment,

she has passed Sahithyacharya and Acharya Courses WP(C) NO. 23622 OF 2021

conducted by the Kerala Hindi Prachar Sabha.

According to the petitioner, the Sahithyacharya Course

is treated as equivalent to B.A. Degree in Hindi and

Acharya Course is treated as training qualification. The

petitioner's appointment was approved accordingly.

The post of Headmaster fell vacant on 01.04.2017 and

the manager appointed the petitioner as Headmistress

in-charge. The District Educational Officer rejected the

same stating that the petitioner did not have the

training qualification. The manager in the meantime

appointed another teacher working in another

educational agency as Headmaster of the school. It is

the case of the petitioner that the government

amended all the statutory provisions which was made

applicable from 3rd October, 1988, whereby the

qualification of Acharya was made as training

qualification. Based on this amendment, the petitioner

preferred Exhibit P-10 petition before the 1 st

respondent. The 1st respondent rejected the same as WP(C) NO. 23622 OF 2021

per Ext.P12. Aggrieved by the same, this writ petition

is filed.

3. Heard counsel appearing for the petitioner

and the learned Government Pleader.

4. Counsel for the petitioner submitted that, in

the light of the judgment dated 01.03.2023 in W.P.

(C)No.21821/2022, the point raised in this writ petition

is found in favour of the petitioner. The counsel also

submitted that the Kerala University as per order

No.7388/2021/UOK dated 21.12.2021, the Acharya

Course awarded by Kerala Hindi Prachara Sabha was

recognized as equivalent to B.Ed Degree in Hindi in the

University. In the light of the same, the counsel

submitted that the impugned orders are unsustainable.

The Government Pleader on the other hand submitted

that the Government is taking steps to file an appeal

against the judgment dated 01.03.2023 in W.P.

(C)No.21821/2022.

5. This Court considered the contentions of the WP(C) NO. 23622 OF 2021

petitioner and the respondents. There is no dispute

that the point raised in this writ petition is covered in

favour of the petitioner as per the judgment dated

01.03.2023 in W.P.(C)No.21821/2022. Simply because

the Government decided to challenge the same, the

prayer of the petitioner can not be rejected. Therefore,

this writ petition is to be allowed in the light of the

dictum laid down by this Court in the judgment dated

01.03.2023 in W.P.(C)No.21821/2022.

Therefore, this writ petition is allowed in the

following manner:

         i.         Ext.P12 is set aside.

         ii.        The     1st   respondent        is   directed   to

reconsider the matter in the light of the dictum laid

down by this Court in the judgment dated

01.03.2023 in W.P.(C)No.21821 of 2022, with

notice to the petitioner, as expeditiously as

possible, at any rate, within a period of four

months from the date of receipt of a copy of this WP(C) NO. 23622 OF 2021

judgment.

iii. The petitioner is also free to produce the

order No.7388/2021/UOK dated 21.12.2021 of the

University of Kerala before the 1st respondent at

the time of hearing.

iv. Petitioners will produce a certified copy of

this judgment and also a copy of the judgment

dated 01.03.2023 in W.P.(C)No.21821 of 2022

before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 23622 OF 2021

APPENDIX OF WP(C) 23622/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED TO THE PETITIONER DATED 30/3/2017 BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SAHITHYACHARYA CERTIFICATE ISLED 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 DEGREE CERTIFICATE ISSUED BY THE INDIRA NATIONAL OPEN UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 12/4/217 OF THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 1/6/2017 IN WPC NO. 18103/2017-K . EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED 6/7/2017.

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ISSUED BY THE SIT RESPONDENT DATED 19/2/2020.

EXHIBIT P10 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 22/1/2021. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 1TH FEBRUARY 2021.

EXHIBIT P12 TRUE COPY OF THE GO (RT), NO.

4449/2021/G.EDN. DATED 6/10/2021. RESPONDENT EXHIBITS WP(C) NO. 23622 OF 2021

EXHIBIT R5 A TRUE COPY OF THE LETTER DATED 14.8.2021 WITH ARGUMENT NOTES.

RESPONDENT EXHIBITS: NIL

       //TRUE COPY//                PA TO JUDGE