Bindumary V, W/O. N.F. Lal vs State Of Kerala
2024 Latest Caselaw 31494 Ker

Kerala High Court

Bindumary V, W/O. N.F. Lal vs State Of Kerala on 5 November, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                         2024:KER:82062
O.P.(KAT)No.425 of 2024
                                    1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

          THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                      OP(KAT) NO. 425 OF 2024

        AGAINST THE JUDGMENT DATED 02.09.2024 IN OA (EKM)

NO.938    OF   2020   OF   KERALA       ADMINISTRATIVE    TRIBUNAL   AT

THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)

PETITIONER/APPLICANT:

           BINDUMARY V, W/O. N.F. LAL, AGED 47 YEARS
           OFFICE ATTENDANT, P.H.G.U.P.S, PUNALUR, KOLLAM-
           691305 RESIDING AT MANASAM, KUMBALAM P.O.
           KUNDARA, KOLLAM, PIN - 691 503


           BY ADVS.
           KALEESWARAM RAJ
           THULASI K. RAJ
           APARNA NARAYAN MENON
           CHINNU MARIA ANTONY




RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
           GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

    2      DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF
           GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM,
           PIN - 695 014
                                               2024:KER:82062
O.P.(KAT)No.425 of 2024
                                2

    3      DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE
           DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691
           009

    4      KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY
           THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
           PATTOM, THIRUVANANTHAPURAM, PIN - 695 004

    5      THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
           COMMISSION, DISTRICT OFFICE, KOLLAM, PIN - 691
           001

    6      SHIBI GEORGE, RAJESH BHAVAN, KUNDARA,
           THRIPPILAZHIKOM, KOLLAM, PIN - 691 509

    7      AMBILY C, ALAYATHU VEEDU, MAVILA, AREEPLACHY P.O,
           KOLLAM, PIN - 691 333

           A.J. VARGHESE   SR   GP


      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 05.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                     2024:KER:82062
O.P.(KAT)No.425 of 2024
                                   3




                    JUDGMENT

A. Muhamed Mustaque, J.

This original petition has been filed by the applicant

before the Tribunal. The petitioner is an Office Attendant who

submitted an application to the post of H.S.A (Malayalam)

through a by-transfer appointment. One of the prescribed

qualifications by the Kerala Public Service Commission (for short

"KPSC") is that such candidates must have K-TET qualification.

The last date for receipt of applications was on 05.02.2020. The

petitioner, admittedly, acquired the K-TET qualification only on

30.05.2020. That means, on the last date of receipt of

application, the petitioner did not possess K-TET qualification.

The petitioner also does not come within the exempted category

referred to in the above notification.

2. The petitioner placed reliance on Annexure -

A4 Government Order and submitted that the said Order

exempts teachers who did not possess K-TET qualifications till

the academic year 2020-2021. Therefore, the petitioner, being

exempted from acquiring the K-TET qualification, contends that

her application ought to have been accepted.

2024:KER:82062

It is to be noted that the above Order was issued by the

Government as a clarification regarding the exemption granted

to those teachers appointed till 31.03.2019 who did not possess

K-TET qualifications, allowing them to acquire such qualifications

within the academic year 2020-2021 to declare their probation

and enable them to draw increments. It is also to be noted that

there were no challenges to the notification issued by the KPSC.

In the absence of any challenge to the notification issued by the

KPSC, the petitioner's claim based on exemption cannot be

considered. Therefore, there is no scope to interfere with the

order of the Tribunal, and the original petition fails and is

accordingly dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P. KRISHNA KUMAR JUDGE PR 2024:KER:82062

APPENDIX OF OP(KAT) 425/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF G.O(P)NO.244/12/G.EDN DATED 25.07.2012

Annexure A2 TRUE COPY OF G.O(P)NO.294/2012/G.EDN DATED 20.09.2012

Annexure A3 TRUE COPY OF G.O(RT)NO.07/2017/G.EDN DATED 07.04.2017

Annexure A4 TRUE COPY OF G.O(MS)NO.194/2019/G.EDN DATED 15.11.2019

Annexure A5 TRUE COPY OF THE NOTIFICATION DATED 31.12.2019 FOR THE POST OF H.S.A (MALAYALAM) (CATEGORY NO.509/2019)

Annexure A6 TRUE COPY OF THE LETTER NO.QR1©4274/17 DATED 18.06.2020 ISSUED BY THE 5 TH RESPONDENT

Annexure A7 TRUE COPY OF THE STATEMENT DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE GENERAL EDUCATION

Annexure A8 TRUE COPY OF THE APPOINTMENT CHART

Annexure A9 TRUE COPY OF THE ORDER G.O (P) NO.

17/2020/G.EDN. DATED 13.10.2020 ISSUED BY THE 1ST RESPONDENT.

Annexure A10 TRUE COPY OF THE ORDER G.O (P) NO.76/80/G.EDN DATED 06.06.1980

Exhibit P1 TRUE COPY OF THE AMENDED MEMORANDUM OF O.A (EKM)NO.938/2020 TOGETHER WITH ANNEXURES

Exhibit P2 TRUE COPY OF THE REPLY FILED BY THE 3 RD RESPONDENT DATED 18.11.2021

Exhibit P3 TRUE COPY OF THE REPLY FILED BY 2024:KER:82062

RESPONDENT NOS. 4 & 5 DATED 21.12.2021

Exhibit P4 TRUE COPY OF THE ORDER DATED 02.09.2024 IN O.A(EKM)NO.938/2020 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL

Exhibit P5 TRUE COPY OF THE GO(MS) NO. 15/2023/GEDN DATED 17.02.2023 ISSUED BY THE GENERAL EDUCATION DEPARTMENT