Sr. Gracy M.K vs State Of Kerala
2023 Latest Caselaw 4199 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                   WP(C) NO. 15746 OF 2022
PETITIONER:

          SR. GRACY M.K.
          AGED 54 YEARS
          D/O. KOCHAPPU, MELAPURAM HOUSE, KUTTIKAD P.O,
          THRISSUR 680 724,

          HEADMISTRESS, ST. JOSEPH'S CONVENT L.P. SCHOOL,
          VYNTHALA, PALAYAMPARAMBU P.O, THRISSUR 680 741.
          BY ADVS.
          MATHEW BOB KURIAN
          K.T.THOMAS

RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM- 695 001.
    3     THE ASSISTANT EDUCATIONAL OFFICER,
          MALA, THRISSUR 680 732.
    4     THE CORPORATE MANAGER,
          CARMELITE CONGREGATION OF SISTERS,
          UDAYA PROVINCE, IRINJALAKKKUDA 680 125,
          THRISSUR DISTRICT.
          ADV.SURYA BINOY, SR.GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.15746/2022

                                       2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15746 of 2022
             ----------------------------------------------
            Dated this the 31st day of March, 2023


                               JUDGMENT

This writ petition is filed with following prayers:

i. To issue appropriate writ, order or direction declaring that test qualification cannot be insisted for approval of appointment of petitioner as Headmistress with effect from 01.04.2020 in St.Joseph's Convent L.P. School, Vynthala. ii. To issue a writ of mandamus or other appropriate writ, order or direction directing the 3 rd respondent to approve the appointment of petitioner as Headmistress in St.Joseph's Convent L.P. School, Vynthala forthwith, iii. To issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Ext-P5 appeal filed by the Manager expeditiously. iv. To grant such other and further reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.

(SIC) WP(C).No.15746/2022

2. Petitioner was appointed as Headmistress in

St. Joseph's Convent L.P. School, Vynthala with effect from

01.04.2020 on retirement of the incumbent teacher. The

proposal for approval of appointment was submitted before

the 3rd respondent, which was rejected on the ground that the

petitioner is not test qualified. The appeal filed before the

DEO, Irinjalakkuda also met the same fate. It is the case of the

petitioner that as per Ext.P6 order, the Government amended

Rule 18 of Right of Children to Free and Compulsory

Education Rules, 2011, by granting exemption from test

qualification to teachers who have crossed the age of 50 for

promotion as Headmaster. Rule 45B of Chapter XIV A KER

also provides for exemption for teachers who have crossed the

age of 50 is the submission. Moreover the petitioner also

relied on Ext.P7 circular. The petitioner submitted that the

matter may be reconsidered by the 3rd respondent in the light

of the subsequent events.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides and also after going

through Ext.P7 circular, I am of the considered opinion that WP(C).No.15746/2022

the proposal for approval of the petitioner as Headmistress is

to be reconsidered by the 3rd respondent.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to reconsider the

proposal for approval of the petitioner as

Headmistress as evident by Ext.P1, in the light

of Ext.P7 circular, as expeditiously as possible, at

any rate, within one month from the date of

receipt of a stamped certified copy of this

judgment.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 3rd respondent for

compliance.

sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 WP(C).No.15746/2022





                 APPENDIX OF WP(C) 15746/2022

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF APPOINTMENT ORDER DATED
                  01.04.2020 ISSUED BY THE 4TH
                  RESPONDENT.
Exhibit P2        TRUE COPY OF THE ORDER DATED
                  14.09.2020 PASSED BY THE 3RD
                  RESPONDENT.
Exhibit P3        TRUE COPY OF THE APPEAL DATED

20.10.2020 SUBMITTED BY THE MANAGER.

Exhibit P4 TRUE COPY OF THE ORDER DATED 17.02.2021 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKKUDA. Exhibit P5 TRUE COPY OF THE APPEAL FILED THE 2ND RESPONDENT .

Exhibit P6 TRUE COPY OF THE GO(P) NO. 112021 G.EDN. ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit-P7 TRUE COPY OF CIRCULAR NO.J1/01/21/G.EDN. DATED 27.11.2022 ISSUED BY 1ST RESPONDENT