Kerala High Court
Subija S vs State Of Kerala on 3 April, 2024
WPC.No.6011/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 6011 OF 2024
PETITIONER:
SUBIJA S.,
AGED 32 YEARS,
W/O.SHINE, LOWER PRIMARY SCHOOL TEACHER [ L.P.S.T. ]
V.K.N.M. U.P. SCHOOL, KOTTEKKAD, PALAKKAD 678732
RESI:KOSA KUZHI HOUSE, KOTTEKKAD, PALAKKAD, PIN -
678 732.
BY ADV.U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
CIVIL STATION, ROBINSON ROAD,
PALAKKAD, PIN - 678 001.
4 THE MANAGER,
V.K.N.M. U.P.SCHOOL, KOTTEKKAD, PALAKKAD, PIN - 678
732.
WPC.No.6011/2024 2
5 THE HEADMASTER,
V.K.N.M. U.P. SCHOOL, KOTTEKKAD,
PALAKKAD, PIN - 678 732.
BY ADVS.Dr.George Abraham
JOBY D JOSEPH(K/000093/2019)
MARY CATHERINE PRIYANKA P.S.(K/319/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.6011/2024 3
JUDGMENT
The petitioner was appointed as Lower Primary School
Teacher in the school managed by the 4 th respondent on
15.07.2021. However, the petitioner acquired the K-TET
qualification after the date of appointment. As per Ext.P2, the
appointment of the petitioner was approved and taking note of the
fact that the petitioner qualified the K-TET only with effect from
20.10.2021, the approval was granted only with effect from that
date. Ext.P3 would indicate that there was sufficient student
strength to accommodate the petitioner as well. However, as per
Ext.P4, an order was passed by the 3 rd respondent AEO, finding that
the appointment given to the petitioner was illegal, as the same was
without the essential qualification namely K-TET. On the basis of
the said finding, it was also ordered that the salary of the petitioner
shall not be disbursed from January, 2024 onwards. This writ
petition was submitted in such circumstances by the petitioner
challenging Ext.P4.
2. A counter affidavit has been placed on record by the 3 rd
respondent, wherein it is averred that the petitioner had not
attained the K-TET qualification as on the date of the appointment
and the approval of the appointment was sought to be cancelled in
such circumstances. It was also averred that Ext.P4 was issued in
compliance of the directions of the Director General of Education,
Thiruvananthapuram. It is also discernible from the counter
affidavit that the process of cancellation of appointment is in
progress.
3. Heard Sri.U.Balagangadharan, learned counsel for the
petitioner, Smt.Nisha Bose, learned Government Pleader for
respondents 1 to 3 and Dr.George Abraham, learned counsel for the
4th respondent.
4. The only question that arises for consideration is whether
Ext.P4 is sustainable or not. On going through Ext.P4, the only
reason highlighted therein for cancellation of approval of
appointment of the petitioner is that she was not having the
essential qualification of K-TET as on the date of appointment.
However, there is no dispute that the petitioner acquired the said
qualification on 20.10.2021. Ext.P2 would indicate the approval
given was only with effect from the said date. Therefore, the
cancellation of the appointment is not legally sustainable as the
approval of the appointment was given only with effect from the
date, when the petitioner obtained the necessary qualification.
In such circumstances, I am of the view that the said Ext.P4
order was absolutely not necessary as far as the appointment of the
petitioner is concerned. Therefore, same is to be set aside. Hence,
this writ petition is disposed of by quashing Ext.P4 with a direction
to the respondents 1 to 3 to take necessary steps to disburse the
salary of the petitioner. It if further clarified that as far as the
current salary is concerned, same shall be disbursed forthwith.
Arrears shall be disbursed within a period of three months from the
date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/4.4.24
APPENDIX OF WP(C) 6011/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE KTET CERTIFICATE ISSUED
BY THE GOVERNMENT OF KERALA DATED
15.12.2021
Exhibit P 2 A TRUE COPY OF THE ORDER NO. F/52313/2023/
K.DIS ISSUED BY THE AEO DATED 17.10.2023
Exhibit P 3 A TRUE COPY OF THE STAFF FIXATION ORDER
NO. L.DIS. F/55736/2023 DATED 16.8.2023
Exhibit P 4 A TRUE COPY OF THE NOTICE NO.F/27/2024
ISSUED BY THE 3RD RESPONDENT TO THE
MANAGER WITH COPY TO THE HM DATED
17.1.2024
Exhibit P 5 A TRUE COPY OF NOTICE ISSUED BY THE 5TH
RESPONDENT HM DATED 25.1.2024
