Kerala High Court
Jessinamma Jose vs The State Of Kerala on 8 November, 2024
2024:KER:83514
WP(C) NO. 27788 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 27788 OF 2024
PETITIONER:
JESSINAMMA JOSE,
AGED 38 YEARS
WIFE OF MATHEW XAVIER, L.G.HINDI TEACHER,
LITTLE FLOWER HIGH SCHOOL,KAVALAM,
ALAPPUZHA DISTRICT-688506, RESIDING AT
KAKKANADU,CHENNAMKARY.P.O, ALAPPUZHA DISTRICT,
PIN - 688501
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT GENERAL EDUCATION DEPARTMENT,
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
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WP(C) NO. 27788 OF 2024
2
3 THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA DISTRICT, PIN - 688001
4 THE DISTRICT EDUCATIONAL OFFICER,
KUTTANADU AT RAMANKARY, ALAPPUZHA DISTRICT,
PIN - 689595
5 THE CORPORATE MANAGER
CORPORATE MANAGEMENT OF SCHOOLS ARCH DIOCESE OF
CHANGANACHERRY. CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686101
BY ADV
ADV K.G.SAROJINI - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 27788 OF 2024
3
JUDGMENT
The petitioner was appointed as Part Time L.G. Hindi
Teacher from 01.06.2017 to 22.10.2018 against a promotion
vacancy in St Joseph U.P. School, Kayalppuram. Thereafter she
was re-appointed as Part Time L.G. Hindi Teacher from
06.06.2019 onwards against another promotion vacancy in the
said school. While working as such, the petitioner was promoted
as Full Time Language Teacher from 15.07.2021 onwards against
a transfer vacancy at L.F.G.H.S. Pulincunnu, which is also a
school managed by 5th respondent. However, the approval of the
said appointment was denied by the DEO on the reason that she
did not pass K-TET Category IV. The challenge raised by the
petitioner was ultimately rejected as per Ext.P14 order passed by
the 1st respondent on 17.07.2024 and this writ petition is filed
challenging the said orders.
2. Today when the matter came up for consideration, the
learned Counsel for the petitioner submits that, the petitioner has
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WP(C) NO. 27788 OF 2024
already acquired the K-TET qualification as evidenced by Ext.P16,
and the result thereof was published on 27.11.2023. Even though
the said fact was reported to the revisional authority, the
conclusion of the 1st respondent was that since the petitioner did
not acquire the qualification as on the date of the appointment, the
same cannot be approved.
3. The learned Counsel for the petitioner brought the
attention of this Court to Exts.P17 and P18 orders, wherein the
Government granted approval of appointments of similarly
situated persons, from the date of acquiring the K-TET
qualification. Therefore, the petitioner seeks the benefit of the
said Government orders.
4. Heard Sri.M.Sajjad, learned Counsel for the petitioner
and Sri.K.G. Sarojini, the learned Government Pleader.
5. The only question that arises for consideration is
whether the approval of appointment of the petitioner could be
denied, even after she acquired the necessary qualification of K-
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WP(C) NO. 27788 OF 2024
TET. Of course it is true that, in Ext.P14 and the orders passed by
the Educational Authorities, the approval of the petitioner was
denied on the reason that the petitioner did not acquire the
qualification as on the date of arising of vacancy. The said finding
is correct in respect of the question of approval from the date of
appointment, but, since the petitioner acquired the qualification,
on 27.11.2023, she could have been granted approval at least
from the said date. The Government has taken already taken a
similar stand and granted approval of appointments in respect of
the persons similarly situated to that of the petitioner, as per
Exts.P17 and P18, by granting approval with effect from the date
of acquiring the K-TET qualification. Therefore, I am of the view
that, the said benefit can be extended to the petitioner as well.
In such circumstances, this writ petition is disposed of
directing the 4th respondent to consider the approval of promotion
of the petitioner with effect from 27.11.2023, the date on which the
petitioner acquired K-TET qualification, and to pass appropriate
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WP(C) NO. 27788 OF 2024
orders, if the petitioner is otherwise eligible for the same. Orders
in this regard shall be passed within a period of one month from
the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
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WP(C) NO. 27788 OF 2024
APPENDIX OF WP(C) 27788/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORDER OF THE ASSITANT
EDUCATIONAL OFFICER, MANCOMBU VIDE
NO.C/264/18/D.DIS DATED 08.03.2018
Exhibit P-2 TRUE COPY OF THE ORDER OF THE
ASSISTANT EDUCATIONAL OFFICER,
MONCOMBU VIDE ORDER NO.C/6712/2019
DATED 12.10.2020
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 15.07.2021
Exhibit P-4 TRUE COPY OF THE ORDER OF THE DISTRICT
EDUCATIONAL OFFICER, KUTTANAD VIDE
NO.B1/26319/2021 DATED 13.06.2023
Exhibit P-5 TRUE COPY OF THE ORDER OF THE DEPUTY
DIRECTOR OF EDUCATION VIDE
NO.B2/220214/2023 DATED 29.10.2023
Exhibit P-6 TRUE COPY OF THE ORDER OF THE DIRECTOR
OF GENERAL EDUCATION VIDE
NO.EC1/241363/2023 DATED 21.04.2024
Exhibit P-7 TRUE COPY OF THE SSLC CERTIFICATE OF
THE PETITIONER
Exhibit P-8 TRUE COPIES OF THE HIGHER SECONDARY
CERTIFICATES
Exhibit P-9 TRUE COPY OF THE CERTIFICATE OF
RASHTRA BHASHA PRAVEEN OF DAKSHINA
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WP(C) NO. 27788 OF 2024
BHARAT HINDI PRACHAR SABHA DATED
23.11.2008
Exhibit P-10 TRUE COPY OF THE K-TET CATEGORY II
CERTIFICATE 2012 OF THE PETITIONER
DATED 26.04.2013
Exhibit P-11 TRUE COPY OF THE NOTIFICATION FOR K-
TET AUGUST 2012 VIDE NO.CGI
2/44995/2012/CGE DATED 17.07.2012
Exhibit P-12 TRUE COPY OF THE NOTIFICATION FOR K-
TET SEPTEMBER 2013
Exhibit P-13 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 06.05.2024 UNDER RULE
92 OF CHAPTER XIVA KERS
Exhibit P-14 TRUE COPY OF THE G.O.
(RT).NO.4427/2024/G.EDN DATED
17.07.2024
Exhibit P-15 TRUE COPY OF THE G.O.
(MS).NO.109/2022/G.EDN DATED
24.06.2022
Exhibit P-16 TRUE COPY OF THE MARK SHEET OF K-TET
CATEGORY IV EXAMINATION CONDUCTED
DURING AUGUST 2023
Exhibit P-17 TRUE COPY OF THE GOVERNMENT IN LETTER
NOGEDN-E2/65/2022-GEDN DATED 13.07.2022
Exhibit P-18 TRUE COPY OF THE GOVERNMENT IN G.O(RT)
6275/2023/G.EDN DATED 17.10.2023
