Ramachandran.K.V vs State Of Kerala
2024 Latest Caselaw 13132 Ker

Kerala High Court

Ramachandran.K.V vs State Of Kerala on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) NO. 6944 OF 2018
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
                   THE HONOURABLE MR. JUSTICE S.MANU
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WP(C) NO. 6944 OF 2018
PETITIONER/S:

            RAMACHANDRAN.K.V
            S/O.LATE VELAYUDHAN, AGED 55 YEARS, HSA HINDI, HIGH SCHOOL
            PERINGODE, RESIDING AT KODAVAMPARAMBIL MALAPURATH,
            KOTHACHIRA P.O., PALAKKAD DISTRICT-679535.

            BY ADV SRI.BIJU ABRAHAM



RESPONDENT/S:

     1      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
            EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
            695001.

     2      DISTRICT EDUCATIONAL OFFICER
            OTTAPALAM, PALAKKAD-679101.

     3      THE MANAGER
            HIGH SCHOOL PERINGODU, PERINGODU P.O., PALAKKAD-679535.

     4      V.SREEKALA
            AGED 45 YEARS, H.S.A.MATHS, HIGH SCHOOL PERINGODU,
            PERINGODU P.O., PALAKKAD-679535.

     5      ADDL.R5-K.R.HARIDAS,
            AGED 51 YEARS
            HAS (MATHS), HIGH SCHOOL, PERINGODU P.O., PERINGODU,
            PALAKKAD DISTRICT - 679535. ADDL.R5 IS IMPLEADED AS PER
            ORDER DATED 25/3/2019 IN IA 2/2019

            BY ADVS.
            GOVERNMENT PLEADER
            SRI.K.MOHANAKANNAN
            SRI.BRIJESH MOHAN
            DR.GEORGE ABRAHAM
            SMT.A.R.PRAVITHA
 WP(C) NO. 6944 OF 2018
                                        2

            SRI.K.JAJU BABU (SR.)
            SRI.T.R.SADEESAN

            SRI.ANTONY MUKKATH (SR.GP)




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6944 OF 2018
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                                   JUDGMENT

Dated this the 23rd day of May 2024

A.Muhamed Mustaque, J.

This writ petition was filed by a High School Assistant working

in High School Peringode challenging appointment of the 4 th

respondent as Headmistress of the school. Admittedly, the 4 th

respondent is having requisite qualification. The Full Bench of this

Court approved the amendment to Rule 44A of KER and held that

qualified hands as on the date of occurrence of vacancy will be

appointed as against unqualified persons. The petitioner being an

unqualified Teacher as on the date of occurrence of vacancy, we are

of the view that, in the light of the Full Bench decision of this Court

in writ appeal No.755/2018 and connected cases, the appointment

of the 4th respondent is legal and no interference is required.

The writ petition is dismissed. The District Educational Officer

shall take necessary steps to approve the appointment of the 4 th

respondent without any delay. Sd/

A.MUHAMED MUSTAQUE JUDGE

sd/ S.MANU JUDGE jm/ WP(C) NO. 6944 OF 2018

APPENDIX OF WP(C) 6944/2018

PETITIONER EXHIBITS

EXHIBIT P1- A TRUE COPY OF THE SENIORITY LIST OF THE SCHOOL.

EXHIBIT P2- A TRUE COPY OF THE GOVERNMENT ORDER DATED 10/06/2015.

EXHIBIT P3- A TRUE COPY OF THE GOVERNMENT ORDER DATED 12/07/2017.

EXHIBIT P4- A TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM DATED 16/07/2015.

EXHIBIT P5- A TRUE COPY OF THE GAZETTE PUBLICATION DATED 13/12/2017 OF G.O.(MS) NO.157/2015/G.EDN.

RESPONDENT EXHIBITS

EXHIBIT R4 (A) COPY OF ORDER NO. 659/2017-18 DATED 31-03-2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT R4(B) COPY OF LETTER NO. B3/2083/2018 DATED 24-04- 2018 CALLING FOR DETAILS RELATING TO CERTAIN TEACHERS FOR CONSIDERING PROPOSAL FOR APPROVAL OF APPOINTMENT AS HM.

EXHIBIT R4(C) COPY OF LETTER DATED 11-03-2019 ISSUED BY THE MANAGER, HIGH SCHOOL PERINGODU TO THE 2ND RESPONDENT DEO