Kerala High Court
Santhakumari.M vs Department Of General Education on 14 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 20130 OF 2022
PETITIONER:
ZUBAIR P.
HSST ECONOMICS,
PTM HSS, THAZHEKODE,
MALAPPURAM-679 352.
BY ADVS.
SRI AUGUSTINE JOSEPH
SRI K.S.ROCKEY
SRI TONY AUGUSTINE
SRI GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
DOWN HILL,
MALAPPURAM-676 519.
3 THE MANAGER,
PTM HSS, THAZHEKODE,
MALAPPURAM-679 352.
4 SANTHAKUMARI,
HST ENGLISH, PTM HSS,
THAZHEKODE, MALAPPURAM-679 352.
BY ADVS.
SRI JESUDASAN K X
SRI P.GOPAL
SRI.VENUGOPAL, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.11.2023, ALONG WITH WP(C).11190/2023, THE COURT ON 14.5.2024
DELIVERED THE FOLLOWING:
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 11190 OF 2023
PETITIONER:
SANTHAKUMARI.M
AGED 48 YEARS
W/O.RAMADASAN.P, HST (ENGLISH),
PTM HIGHER SECONDARY SCHOOL,
THAZHEKODE, MALAPPURAM-679 352,
RESIDING AT 'PANGUTHODI',
ANAMANGAD P.O, MALAPPURAM DISTRICT,
PIN - 679357
BY ADV SRI P.GOPAL
RESPONDENTS:
1 DEPARTMENT OF GENERAL EDUCATION
REPRESENTED BY ITSSECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR
HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, DOWN HILL, MALAPPURAM,
PIN - 676519
4 THE MANAGER
PTM HIGHER SECONDARY SCHOOL, THAZHEKODE, MALAPPURAM,
PIN - 679352
5 ZUBAIR.P
HSST ECONOMICS, PTM HIGHER SECONDARY SCHOOL,
THAZHEKODE, MALAPPURAM, PIN - 679352
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.11.2023, ALONG WITH WP(C).20130/2022, THE COURT ON 14.5.2024
DELIVERED THE FOLLOWING:
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
3
"CR"
T.R. RAVI, J.
--------------------------------------------
W.P.(C)Nos.20130 of 2022
&
11190 of 2023
--------------------------------------------
Dated this the 14th day of May, 2024
JUDGMENT
Both these writ petitions relate to appointment to the post of
HSST (Economics) in the PTM Higher Secondary School,
Thazhekode, Malappuram. The petitioner in WP(C)No.20130 of 2022
is the 5th respondent in WP(C)No.11190 of 2023 and the petitioner
in WP(C)No.11190 of 23 is the 4 th respondent in WP(C)No.20130 of
2022 and will hereinafter be referred to as Zubair P. and
Santhakumari M., respectively. Both the petitioners in these writ
petitions lay a claim for the post.
2. The appointment to the post of HSST (Economics) is
governed by Rules 4 and 6 of Chapter XXXII of Kerala Education
Rules (KER). Rule 4 speaks of the method of appointment of Higher
Secondary School Teachers. As per Sl.No.2(1) of Rule 4, the
appointment to the post of HSST can be by transfer from Junior
Lecturer under the Management/Higher Secondary School Teacher
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
(Junior). Sl.No.2(2) says that the appointment can be 'by transfer'
from High School Assistants who possess the requisite qualification
under the Educational Agency. The petitioners in both these cases
are claiming 'by transfer' appointment and the only dispute is
regarding the qualification which is dealt with in Rule 6. Sl.No.2(24)
of Rule 6 deals with the qualification required for appointment as
HSST (Economics), which reads thus;
"6. Qualifications:- No person shall be eligible for appointment to
the category in column (2) in the table below under the method
specified in column (3) unless he possesses the Qualifications
prescribed in the corresponding entry in column (4) there of.
Sl. Category Method of Qualifications
No. Appointment
(1). (2). (3). (4).
(21). xxxxxxx By Transfer and (i) Master's Degree in the
by direct concerned subject with not
(22). xxxxxxx recruitment less than 50% marks from
any of the Universities in
(23). xxxxxxx Kerala or a qualification
recognised as equivalent
(24) Economics thereto in the respective
subject by a University in
. Kerala.
(ii) (1) B. Ed. in the
(25). xxxxxxx concerned subject acquired
after a regular course of
(26). xxxxxxx study from any of the
Universities in Kerala or a
(27). xxxxxxx qualification recognised as
equivalent thereto by a
University in Kerala.
(2) In the absence of
persons with B. Ed. degree
in the concerned subject, B.
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
Ed. degree acquired in
anyone of the subject under
the concerned Faculty as
specified in the Acts
/Statutes of any of the
Universities in Kerala.
(3) In the absence of
persons with B. Ed degree
as specified in items (1) and
(2) above, persons with B.
Ed. degree in any subject
acquired after a regular
course of study from any of
the Universities in Kerala or
a qualification recognised as
equivalent thereto by any of
the Universities in Kerala.
(iii) Pass in the State
Eligibility Test for the post
of Higher Secondary School
Teacher conducted by
Government of Kerala or by
the Agency authorised by
the State Government.
3. Admittedly, the petitioners in both these writ petitions
have Post Graduate qualifications in (Economics). Sri Zubair has a
B.Ed. in Social Science and Smt. Santhakumari has a B.Ed.
qualification in Social Studies. When it comes to the pass in SET, Sri
Zubair has passed SET (Malayalam), while Santhakumari has passed
SET (Economics). Two questions arise for consideration on the
pleadings; (i) whether SET should be in the concerned subject
Economics or is it sufficient that the candidate has qualified SET in
any subject and (ii) whether Sri Zubair is entitled to exemption from
having SET qualification.
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
4. Heard Sri Augustine Joseph on behalf of the petitioner in
W.P.(C)No.20130 of 2022, Sri P.Gopal on behalf of the petitioner in
W.P.(C)No.11190 of 2023, Sri Jesudasan K.X. on behalf of the 3rd
respondent in W.P.(C)No.20130 of 2022 and Sri Venugopal,
Government Pleader on behalf of the official respondents/State.
5. I shall first consider the second question raised. Rule 10 of
Chapter XXXII of KER deals with exemption in qualifications of SET.
As per Rule 10(4), teachers who have completed 10 years of
approved teaching service in the high school level, shall be
exempted from passing the State Eligibility Test. The question is
whether Zubair is entitled to an exemption. To claim exemption, he
should have completed 10 years of approved teaching service at the
high school level. Sri Zubair, admittedly, was promoted from the
post of UPST and appointed under Rule 43 of Chapter XIVA of the
KER as HSST with effect from 15.7.2004. He was appointed as
HSST (Economics) on 15.7.2021. At first blush, he has 17 years of
service as HST. However, it can be seen from the counter affidavit
filed by the 1st respondent that Zubair was on deputation for two
years, one month, and 18 days, as a personal staff of the Minister,
and since he was not working as HSA during the said period, the
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
period mentioned above, cannot be treated as HST experience.
Further, it is also stated in the counter affidavit that Zubair had
availed leave without allowance for 5 years and the said period also
cannot be treated as HST service. Thus, a period of 7 years, one
month, and 18 days needs to be reduced from the period of 17 years
and Zubair would have only 9 years, 10 months, and 14 days of
approved teaching service in the high school level. The above
averments in the counter affidavit have not been denied by Zubair
by filing any reply. In the above circumstances, the only possible
conclusion is that Zubair does not have the required 10 years of
approved teaching service, entitling him to claim exemption from
SET qualification.
6. Regarding the first question as to whether SET
qualification should be in the concerned subject, Zubair relied on the
judgments in WP(C)No.33337 of 2011 produced as Ext.P3 along with
WP(C)No.20130 of 2022, the judgment of the Full Bench of this
Court in Manager, MPVHS School v. Girija [2003 (1) KLT 935]
and the judgment of a Division Bench of this Court in W.A.No.724 of
2014 produced as Ext.P5 along with WP(C)No.20130 of 2022 .
7. Ext.P3 judgment only says that 10 years' approved
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
teaching service at the high school level need not be in the particular
subject for which appointment is sought. The said judgment would
not help Zubair since he does not have 10 years of approved
teaching service. The judgment of the Full Bench in Girija (supra)
and Ext.P5 judgment of the Division Bench, are concerning
appointment to the post of HSA/HST. In Girija (supra), the Court
considered Rule 2(2)(b) of Chapter XXXI KER which deals with
qualification for appointment as a language teacher in the high
school section. The Full Bench held that as far as the subject Hindi
is concerned, there is no necessity for any departure from the
requirements for appointment as a teacher for other languages and
that there is no requirement that the B.Ed. should be in Hindi. The
Court held that a reading of the Rules would show that there is no
requirement that B.Ed. degree should be in a particular language or
a particular subject. The Division Bench in Ext.P5 judgment also
was concerned with a case where a person with B.Ed. English had
claimed an appointment for the post of HSA Social Science. Neither
the Full Bench nor the Division Bench in Ext.P4, were dealing with a
case of appointment under Chapter XXXII and the dictums laid down
cannot be applied for more reasons than one. Firstly, Rule 6 of
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
Chapter XXXII is worded differently from Rule 2 of Chapter XXXI.
Secondly, the posts to which the above two rules apply are different.
Thirdly, the judgments referred to deal with the requirement of B.Ed
qualification in the concerned subject, while as far as Rule 6 is
concerned, the Rule specifically says that the B.Ed. should be in the
concerned subject, leaving no room for doubt as to the subject in
which the training qualification should be.
8. Whether the requirement of SET qualification in the
concerned subject, as in the case of B.Ed, should be applied when it
comes to the test qualification for appointment to the post of HSST
is the question to be considered. The contention is that while
prescribing SET as a requirement, the Rule does not say that SET
should be in the concerned subject and hence SET in Malayalam can
also be considered as a sufficient qualification for appointment to the
post of HSST (Economics). I do not think that the dictum laid down
by the Full Bench or the Division Bench can be applied when it
comes to the SET qualification. SET is a test qualification. Secondly,
the conditions for appearing in the SET say that the candidates take
the test based on the specialisation at the Post Graduate level.
Ext.R4(a) produced along with the counter affidavit of the 4 th
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
respondent in WP(C)No.20130 of 2022 is the prospectus for SET.
The scheme of the test as per Ext.R4(a) is extracted below;
"2. Scheme of the Test.
2.1 There shall be two papers for the SET-JULY-2021
Paper I
Paper I is common for all candidates. It consists of two
parts, Part(A) General Knowledge and Part (B) Aptitude
in Teaching.
Paper II
Paper II shall be a test based on the subject of
specialisation of the candidate at the Post Graduate (PG)
Level."
9. The test is comprised of two papers and paper II is based
on the subject for specialisation of the candidate at Post Graduate
Level. For SET qualification in Economics, paper II of the test will be
in Economics. As can be seen from paragraph 2.2 of Ext.R4(a), SET
test is conducted in Economics. The person taking SET in Malayalam
would have answered his paper II based on a Post Graduate
qualification in Malayalam. Since SET itself is subject-specific, it is
immaterial whether or not the Rule says SET in "concerned subject".
Clause 5 of Ext.R4(a) deals with the conditions for eligibility to
appear in the test. Clause 5.1 specifically says that the Master's
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
Degree should be in the subject concerned with not less than 50%
marks or an equivalent and the B.Ed. degree can be in any
discipline. So a person taking the test in Economics should have a
Master's Degree in Economics and a person taking the test in
Malayalam should have a Master's degree in Malayalam, with not
less than 50% marks.
10. For the reasons stated above, in my opinion, SET can only
be in the concerned subject and no other subject. The counter
affidavit of the State in these writ petitions also specifically says that
the SET must be in Economics and a qualification of SET Malayalam
cannot be treated as a qualification for the post of HSST
(Economics). The stand of the Government, in my opinion, is legally
correct. As far as the qualification of Smt.Santhakumari is
concerned, there is no dispute that she has all the required
qualifications including SET qualification in Economics.
11. Before parting, I must endorse my appreciation for the
help rendered by Sri P.C.Sasidharan as Amicus Curiae.
12. In the result, WP(C)No.20130 of 2022 is dismissed.
WP(C)No.11190 of 2023 is allowed and Ext.P2 order dated
15.7.2021 issued by the 4th respondent appointing Sri Zubair P.,
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
the 5th respondent in WP(C)No.11190 of 2023 as HSST (Economics)
in the vacancy that arose on 1.6.2021 is quashed. It is declared
that the 5th respondent is not qualified for appointment to the post
of HSST in Economics in the vacancy that arose on 1.6.2021 in PTM
Higher Secondary School, Thazhekode, Malappuram. There will be a
direction to respondents 1 to 4 in WP(C)No.11190 of 2023 to
consider the claim of Smt. Santhakumari for appointment as HSST
(Economics) in the school with effect from 1.6.2021 and grant her
appointment with all consequential benefits if she is found entitled.
The findings in this judgment regarding the eligibility of
Smt.Santhakumari shall also be considered while considering her
claim for appointment to the post. Necessary orders shall be issued
within two months of the date of receipt of a certified copy of this
judgment.
Sd/-Sd/-
T.R. RAVI
JUDGE
dsn
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
APPENDIX OF WP(C) 20130/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
15.7.2021 OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
18.12.2021 BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN
W.P.(C).NO.33337/2011 DATED 17.2.2012.
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER DATED
18.6.2022.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 2.6.2014
IN W.A.NO.724/2014.
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE PROSPECTUS ISSUED BY THE
LAL BAHADUR SASTHRI CENTRE FOR SCIENCE AND
TECHNOLOGY FOR CONDUCTING THE STATE
ELIGIBILITY TEST EXAMINATION - JULY -
2021.
Exhibit R4(b) TRUE COPY OF THE CERTIFICATE TO THE POST
GRADUATE DEGREE IN MA (ECONOMICS) DATED
19.3.2004 ISSUED BY THE ANNMALAI
UNIVERSITY TO THE 4TH RESPONDENT.
Exhibit R4(c) TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 5.2.2004 ISSUED BY THE UNIVERSITY OF
KERALA TO THE 4TH RESPONDENT.
Exhibit R4(d) TRUE COPY OF THE CERTIFICATE DATED
17.3.2004 ISSUED BY THE GOVERNMENT OF
KERALA, DIRECTORATE OF HIGHER SECONDARY
EDUCATION.
Exhibit R4(e) TRUE COPY OF THE OBJECTION DATED 16.7.2021
SUBMITTED BY THE 4TH RESPONDENT BEFORE THE
REGIONAL DEPUTY DIRECTOR, DEPUTY
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
MALAPPURAM.
W.P.(C)Nos.20130 of 2022 &
11190 of 2023
APPENDIX OF WP(C) 11190/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 14.7.2021
SUBMITTED BY THE PETITIONER TO THE MANAGER
OF THE SCHOOL-4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED 15.7.2021 OF
THE 4TH RESPONDENT ISSUED TO THE 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF THEOBJECTION DATED 16.7.2021
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT WITH COPY TO THE RESPONDENTS 1,
2 AND 4
Exhibit P4 TRUE COPY OF THEORDER OF THE GOVERNMENT
GO(MS)NO.3672/2022/H.EDNDATED 18.6.2022
Exhibit P5 TRUE COPY OF THEPROSPECTUS ISSUED BY THE
LALBAHADURSASTHRI CENTRE FOR SCIENCE AND
TECHNOLOGY (FOR SHORT 'LBS') FOR
CONDUCTING THE SET EXAMINATION-JULY-2021
DATED NIL
Exhibit P6 TRUE COPY OF THECERTIFICATEOF THE
PETITIONER IN MA (ECONOMICS) ISSUED BY THE
ANNAMALAI UNIVERSITY DATED 19.3.2004
Exhibit P7 TRUE COPY OF THEELIGIBILITY CERTIFICATE
ISSUED BY THE UNIVERSITY OF KERALA IN
FAVOUR OF THE PETITIONER DATED 5.2.2004
Exhibit P8 TRUE COPY OF THEELIGIBILITY
CERTIFICATEISSUED BY THE UNIVERSITY OF
KERALA IN FAVOUR OF THE PETITIONER DATED
17.3.2004
Exhibit P9 TRUE COPY OF THE LETTER NO.ACD
A4/4026/2022/HSE DATED 5.12.2022 ISSUED BY
THE 2ND RESPONDENT TO THE 3RD RESPONDENT
RESPONDENT EXHIBITS
Exhibit R1(a) TRUE COPY OF GO(Rt) NO.4738/23/G.EDN DATED
19.08.2023 ISSUED BY GENERAL EDUCATION
DEPARTMENT
