Kerala High Court
Shefeeq.S.M vs 1. State Of Kerala on 31 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 349 & 72 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
OP(KAT) NO. 349 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 23.11.2022 IN OA NO.1985 OF 2022 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 SHEFEEQ.S.M,
AGED 35 YEARS
SHAFEQ MANZIL, MULAKKOTTUKARA, VITHURA P.O,
THIRUVANANTHAPURAM, PIN - 695551
2 JIBIN MATHEW,
AGED 32 YEARS
VATTAMATTATHIL HOUSE, THATTAKUZHA P.O, THODUPUZHA (VIA),
IDUKKI-, PIN - 685581
3 TINCY REICHEL THOMAS,
AGED 31 YEARS
CHARUVILA PUTHEN VEEDU, KULAKKADA EAST. P.O, KOTTARAKKARA,
KOLLAM, PIN - 691521
BY ADVS.
V.BHARGAVI (PANANGAD)
M.R.ANISON
RESPONDENT/S:
1 1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT,
ROOM NO.138, FIRST FLOOR, NORTH BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA PUBLIC SERVICE COMMISSION,
PATTOM PALACE P.O, THIRUVANANTHAPURAM REPRESENTED BY THE
OP(KAT) NO. 349 & 72 OF 2023
2
SECRETARY, PIN - 695004
3 DIRECTOR OF GENERAL EDUCATION ,
VOCATIONAL HIGHER SECONDARY WING), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).72/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) NO. 349 & 72 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
OP(KAT) NO. 72 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 23.11.2022 IN OA NO.1985 OF 2022 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
ANASWARA B.S.,
AGED 30 YEARS
D/O.M.K.SISUPALAN, ASWATHY BHAVAN, SIVAN COVIL JN, VITHURA
P.O, THIRUVANANTHAPURAM, PIN - 695551
BY ADV C.R.SURESH KUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT,
ROOM NO. 138, FIRST FLOOR, NORTH BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA PUBLIC SERVICE COMMISSION,
PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN: 695 004,
REPRESENTED BY THE SECRETARY.
3 DIRECTOR OF GENERAL EDUCATION,
(VOCATIONAL HIGHER SECONDARY WING), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).349/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) NO. 349 & 72 OF 2023
4
JUDGMENT
Dated this the 31st day of May 2024
A.Muhamed Mustaque, J.
These matters are filed by the candidates, who applied for the
post of Vocational Instructor in Agriculture in the Vocational Higher
Secondary Schools in the State, notified by the Public Service
Commission as per notification dated 13.06.2014. It appears that as
seen from the Government Order, the Government directed the PSC
not to proceed with selection as the Government do not want to
appoint regular Insructor in Vocational Higher Secondary Schools.
2. Challenging the above action of the Government,
petitioners approached the Tribunal for directing the respondents to
proceed with the selection process for appointment to the above
post based on the application invited by the PSC. The Government
having decided not to proceed with the appointment, candidates who
have applied, cannot compel the Government to select them
pursuant to the notification issued by the PSC. Therefore, we do not
find any scope to interfere in the matter, as this was rightly turned
down by the Tribunal. However petitioners have a case that there
exists vacancies with reference to Annexure A5, and in these
vacancies, guest faculties are appointed, and therefore, they should
OP(KAT) NO. 349 & 72 OF 2023
be preferred in the place of guest faculties based on the short list
published by the PSC.
If there are vacancies and if they have claim over it, it is
matter for the petitioners to agitate it in a different manner before
the Tribunal. Reserving liberty to to take such steps, these original
petitions are disposed of.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
OP(KAT) NO. 349 & 72 OF 2023
APPENDIX OF OP(KAT) 349/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTIFICATION PUBLISHED BY THE 2ND
RESPONDENT IN OFFICIAL GAZETTE DATED 13.06.2014
IN CAT. NO.267/2014.
Annexure A2 TRUE COPY OF THE RELEVANT PORTION OF SHORT LIST
IN CATEGORY NO.267/2014 DATED 14.06.2016
PUBLISHED BY THE 2ND RESPONDENT
Annexure A3 TRUE COPY OF THE ADDENDUM NOTIFICATION BEARING
NO.ER XII (2) 7743/15/EW DATED 30.01.2018
ISSUED BY THE 2ND RESPONDENT
Annexure 4 TRUE COPY OF THE LETTER NO.66/SC 3/2018/GED
DATED 14.06.2018 ADDRESSED TO THE 2ND
RESPONDENT BY THE 1ST RESPONDENT.
Annexure-A5 TRUE COPY OF THE REPLY GIVEN BY THE 2ND
RESPONDENT VIDE NO.ROD3-1/50001/2018-KPSC-
ROKKD-PART (1) DATED 22.10.2021 UNDER RTI ACT.
Annexure 6 TRUE COPY OF THE APPLICATION UNDER RTI ACT
DATED 02.02.2021.
Annexure-A7 TRUE COPY OF THE REPLY UNDER RTI ACT RECEIVED
FROM PRINCIPAL REC.G.V.H.S.S. THROUGH RTI ACT
DATED 05.02.2021.
Annexure-A8 TRUE COPY OF THE REPLY UNDER RTI ACT VIDE
NO.IDS 1(4)/2412/2020/GW DATED 05.10.2020 GIVEN
BY THE 2ND RESPONDENT.
Annexure-A9 TRUE COPY OF THE APPOINTMENT CHART NO.ROD III
(2)703/2010 DATED 22.06.2018 PUBLISHED BY THE
2ND RESPONDENT.
Annexure -A10 TRUE COPY OF THE LETTER
NO.GEDN.SC2/287/2018/G.EDN DATED 19.01.2019 TO
THE DIRECTOR, VOCATIONAL HIGHER SECONDARY
EDUCATION ISSUED BY THE 1ST RESPONDENT.
Annexure -A11 TRUE COPY OF THE NOTICE DATED 26.10.2021 ISSUED
OP(KAT) NO. 349 & 72 OF 2023
BY THE PRINCIPAL REC GOVERNMENT VOCATIONAL
HIGHER SECONDARY SCHOOL AT KOZHIKODE INVITING
APPLICANTS FOR INTERVIEW.
Annexure -A12 TRUE COPY OF THE G.O.(MS) NO.56/2018/GED DATED
09.05.2018 ISSUED BY THE 1ST RESPONDENT.
Annexure-A13 TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST
APPLICANT TO THE 1ST RESPONDENT DATED
09.05.2022.
Annexure -A14 TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST
APPLICANT TO THE 2ND RESPONDENT DATED
09.05.2022.
Annexure-A15 TRUE COPY OF THE ORDER DATED 13.06.2022 ISSUED
BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL
AT TRIVANDRUM IN O.A.NO.856/2022.
Annexure-A 16 TRUE COPY OF THE ORDER NO.G.O.(RT)
NO.5975/2022/GEDN DATED 18.10.2022 ISSUED BY
THE 1ST RESPONDENT.
Annexure-A17 TRUE COPY OF THE APPOINTMENT CHART PUBLISHED BY
THE 2ND RESPONDENT DATED 22.07.2022 IN CAT.
NO.141/2014.
Annexure-A18 TRUE COPY OF THE CIRCULAR NO.E7/10750/2018
ISSUED BY THE 3RD RESPONDENT DATED 03.12.2019.
Annexure-A 19 TRUE COPY OF APPLICATION UNDER RTI ACT , DATED
05.11.2022.
Annexure-A 20 TRUE COPY OF THE REPLY RECEIVED FROM PRINCIPAL,
G.V.H.S.S. NADAVARAMBA THROUGH RTI ACT DATED
07.11.2022 BY THE 1ST RESPONDENT.
Annexure -A21 TRUE COPY OF THE G.O.SUP.C.3/100/2022.P & ARD
DATED 08.11.2022 ISSUED BY ADDITIONAL CHIEF
SECRETARY P&ARD, GOVERNMENT OF KERALA.
PETITION TO ACCEPT
PETITION TO ACEPT ADDITIONAL DOCUMENTS
ADDITIONAL DOCUMENTS
Exhibit p1 TRUE COPY OF THE O.A.NO.1985/2022 FILED BEFORE
THE KERALA ADMINISTRATIVE TRIBUNAL,
OP(KAT) NO. 349 & 72 OF 2023
THIRUVANANTHAPURAM, ALONG WITH ANNEXURES-A1 TO
A21.
Exhibit-P 2 TRUE COPY OF THE NOTIFICATION BEARING
NO.8/6/2013-INVT. DATED 27.12.2013, ISSUED BY
THE GOVERNMENT OF INDIA, (DEPARTMENT OF
ECONOMICS AFFAIRS).
Exhibit -P3 TRUE COPY OF THE GOVT. OF INDIA LETTER BEARING
NO.F.NO.1-8/2018-RMSA-IV/VE DATED 06.04.2018.
Exhibit -P4 TRUE COPY OF THE ORDER BEARING NO.G.O.(P)
NO.1643/2019/G.EDN. DATED 08.05.2019,
IMPLEMENTING NSQF IN 35 SCHOOLS.
Exhibit -P5 : TRUE COPY OF THE RELEVANT PAGES OF THAT
SPECIAL RULE FOR KERALA VOCATIONAL HIGHER
SECONDARY EDUCATION SUBORDINATE SERVICE.
Exhibit -P6 TRUE COPY OF GOVERNMENT ORDER BEARING G.O.(RT)
NO.5975/2022/GEDN DATED 18.10.2022.
Exhibit -P7 TRUE COPY OF THE ORDER PASSED BY THE
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM,
DATED 23.11.2022 DISMISSING OA.1985/2022.
OP(KAT) NO. 349 & 72 OF 2023
APPENDIX OF OP(KAT) 72/2023
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE NOTIFICATION PUBLISHED BY
THE 2ND RESPONDENT IN OFFICIAL GAZETTE DATED
13.06.2014 IN CAT.NO. 267/2014.
Annexure A-2 A TRUE COPY OF THE RELEVANT PORTION OF
SHORTLIST IN CATEGORY NO. 267/2014 DATED
14.06.2016 PUBLISHED BY THE 2ND RESPONDENT.
Annexure A-3 A TRUE COPY OF THE ADDENDUM NOTIFICATION
BEARING NO. ER XII (2)7743/15/EW DATED
30.01.2018 ISSUED BY THE 2ND RESPONDENT.
Annexure A-4 A TRUE COPY OF THE LETTER NO. 66/SC 3/2018/GED
DATED 14/06/2018 ADDRESSED TO THE 2ND
RESPONDENT BY THE 1ST RESPONDENT.
Annexure A-5 A TRUE COPY OF THE REPLY GIVEN BY THE 2ND
RESPONDENT VIDE NO. ROD3-1/50001/2018-KPSC-
ROKKD-PART (1) DATED 22/10/2021 UNDER RTI ACT.
Annexure A-6 A TRUE COPY OF THE APPLICATION UNDER RTI ACT
DATED 02/02/2021.
Annexure A-7 A TRUE COPY OF THE REPLY UNDER RTI ACT RECEIVED
FROM PRINCIPAL REC.G.V.H.S.S THROUGH RTI ACT
DATED 05/02/2021.
Annexure A-8 A TRUE COPY OF THE REPLY UNDER RTI ACT VIDE NO.
IDS I(4)/2412/2020/GW DATED 05/10/2020 GIVEN BY
THE 2ND RESPONDENT.
Annexure A-9 A TRUE COPY OF THE APPOINTMENT CHART NO. ROD
III(2)703/2010 DATED 22.06.2018 PUBLISHED BY
THE 2ND RESPONDENT.
Annexure A-10 A TRUE COPY OF THE LETTER NO. GEDN-
SC2/287/2018/G.EDN DATED 19/01/2019 TO THE
DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION
ISSUED BY THE 1ST RESPONDENT.
Annexure A-11 A TRUE COPY OF THE NOTICE DATED 26/10/2021
OP(KAT) NO. 349 & 72 OF 2023
ISSUED BY THE PRINCIPAL REC GOVERNMENT
VOCATIONAL HIGHER SECONDARY SCHOOL AT KOZHIKODE
INVITING APPLICANTS FOR INTERVIEW.
Annexure A-12 A TRUE COPY OF THE G.O(MS) NO. 56/2018/GED
DATED 09/05/2018 ISSUED BY THE 1ST RESPONDENT.
Annexure A-13 A TRUE COPY OF THE REPRESENTATION MADE BY THE
1ST APPLICANT TO THE 1ST RESPONDENT DATED
9/5/2022.
Annexure A-14 A TRUE COPY OF THE REPRESENTATION MADE BY THE
1ST APPLICANT TO THE 2ND RESPONDENT DATED
9/5/2022.
Annexure A-15 A TRUE COPY OF THE ORDER DATED 13/06/2022
ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL AT TRIVANDRUM IN OA NO. 856/2022.
Annexure A-16 A TRUE COPY OF THE ORDER NO. G.O.(RT) NO.
5975/2022/GEDN DATED 18/10/2022 ISSUED BY THE
1ST RESPONDENT.
Annexure A-17 A TRUE COPY OF THE APPOINTMENT CHART PUBLISHED
BY THE 2ND RESPONDENT DATED 22/07/2022 IN CAT
NO. 141/2014.
Annexure A-18 A TRUE COPY OF THE CIRCULAR NO. E7/10750/2018
ISSUED BY THE 3RD RESPONDENT DATED 03/12/2019
Annexure A-19 A TRUE COPY OF THE APPLICATION UNDER RTI ACT
DATED 05/11/2022.
Annexure A-20 A TRUE COPY OF THE REPLY RECEIVED FROM
PRINCIPAL, G.V.H.S.S, NADAVARAMBA THROUGH RTI
ACT DATED 07/11/2022 BY THE 1ST RESPONDENT.
Annexure A-21 A TRUE COPY OF THE G.O. SUP.C.3/100/2022. P &
ARD DATED 08/11/2022 ISSUED BY ADDITIONAL CHIEF
SECRETARY P & ARD, GOVERNMENT OF KERALA.
Exhibit P-1 TRUE COPY OF THE OA NO. 1985/2022 FILED IN THE
KERALA ADMINISTRATIVE TRIBUNAL, TRIVANDRUM
Exhibit P-2 CERTIFIED COPY OF ORDER IN OA NO. 1985/2022 OF
THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,
OP(KAT) NO. 349 & 72 OF 2023
TRIVANDRUM DATED 23/11/2022.
Exhibit P-3 TRUE COPY OF THE INTERIM ORDER IN OA (EKM)
2153/2018 DATED 17/10/2019
