Kerala High Court
Shalini T.C vs State Of Kerala on 24 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
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O.P.(KAT).No.373 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
OP(KAT) NO. 373 OF 2024
AGAINST THE ORDER DATED 10.07.2024 IN OA (EKM) NO.387
OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN O.A.:
SHALINI T.C.
AGED 43 YEARS
W/O.BAIJU, CHAKKAMMATH HOUSE, P.O. MALA,
THRISSUR DISTRICT, PIN - 680732
BY ADV T.RAJASEKHARAN NAIR
RESPONDENTS/RESPONDENTS IN O.A.:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001.
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O.P.(KAT).No.373 of 2024
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3 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM. P. O,
THIRUVANANTHAPURAM, PIN - 695004.
SRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P.(KAT).No.373 of 2024
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A.MUHAMED MUSTAQUE, Acg.C.J. & S.MANU, J.
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O.P.(KAT).No.373 of 2024
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Dated this the 24th day of September, 2024
JUDGMENT
A.MUHAMED MUSTAQUE, Acg.C.J.
The petitioner is the applicant in O.A.
(EKM)No.387/2023 and was unsuccessful in her case before the
Tribunal. The petitioner was included in the rank list for
appointment to vacancies of HSST (Junior), which expired on
02.09.2017. The petitioner raised an important question of law
as to the calculation of vacancies for direct recruitment by
including backlog vacancies from the by-transfer cadre. It is
submitted that a large number of by-transfer cadre remain
unfilled and that ought to have been filled by direct recruitment
in the absence of any eligible candidates in the by-transfer
category. However, this exercise has not been done for filling
the vacancies as per the Annexure-A1 rank list. As a result of
the failure to carry out such exercise, a large number of
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candidates have been denied an opportunity. Although this
question is very attractive, we may not be able to consider it
academically in this O.P.(KAT) for the simple reason that no
relief can be granted to any of the petitioners. We therefore
leave open the question of whether such an exercise will have to
be done during the currency of a rank list. We reserve the
liberty to the petitioner to raise such challenge in future.
With the liberty as above this O.P.(KAT) is disposed of.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
skj
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APPENDIX OF OP(KAT) 373/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE RELEVANT PAGE OF THE
RANK LIST NO.538/2014/SSVII
CAT.NO.459/2010 PUBLISHED BY THE 3RD
RESPONDENT DATED 03.09.2014
Annexure A2 A TRUE COPY OF THE INTERIM ORDER DATED
28.06.2017 PASSED BY THIS TRIBUNAL IN
Annexure A3 A TRUE COPY OF THE COMMON ORDER DATED
23.10.2017 IN O.A.(EKM) NO.664/2017
PASSED BY THIS TRIBUNAL
Annexure A4 A TRUE COPY OF THE ORDER
NO.ACD.C3/16830/2013H.S.E. DATED
9.3.2015 ISSUED BY THE 2ND RESPONDENT
Annexure A5 A TRUE COPY OF THE LIST OF SCHOOLS
PREPARED BY THE APPLICANTS IN WHICH THE
POST OF HSST JUNIOR (COMMERCE) HAS BEEN
SANCTIONED BY THE 2ND RESPODENT AS PER
ANNEXURE A4
Annexure A6 TRUE COPY OF THE ORDER G.O.
(MS)NO.76/2016/G.EDN. DATED 11.04.2016
ISSUED BY THE GOVERNMENT
Annexure A7 TRUE COPY OF THE ORDER G.O.(MS)
NO.61/2017/G.EDN DATED 24.06.2017
ISSUED BY THE GOVERNMENT SANCTIONING
POSTS OF HIGHER SECONDARY SCHOOL
TEACHER JUNIOR (COMMERCE) FOR THE
ACADEMIC 2014-2015 YEAR 2015-2016
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Annexure A8 A TRUE COPY OF THE ORDER G.O.
(M.S)NO.153/2018/G.EDN. DATED
17.10.2018 ISSUED BY THE GOVERNMENT
CREATING ADDITIONALL POSTS OF HSST
JUNIORS FOR THE ACADEMIC YEAR 2015-2016
Annexure A9 TRUE COPY OF THE ORDER
NO.AD.B3/69140/H.S.E./2016 DATED
12.11.2016 ISSUED BY THE 2ND RESPONDENT
Annexure A10 TRUE COPY OF THE ORDER
NO.ADB3/98138/H.S.E/17 DATED 15.03.2018
ISSUED BY THE 2ND RESPONDENT FILING UP
OF 50 VACANCIES OF HIGHER SECONDARY
SCHOOL TEACHER (COMMERCE) BY TRANSFER
OF HSST COMMERCE JUNIORS
Annexure A11 A TRUE COPY OF THE REPLY GIVEN IN THE
ASSEMBLY BY THE CONCERNED MINISTER OF
EDUCATION DATED 18.08.2017
Annexure A12 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANT BEFORE THE
2ND RESPODNENT
Annexure A13 A TRUE COPY OF THE REPRESENTATION DATED
19.02.2023 SUBMITTED BY THE APPLICANT
BEFORE THE 3RD RESPONDENT
Exhibit P1 TRUE PHOTOCOPY OF THE ORIGINAL
APPLICATION NO. 387/2023 ALONG WITH ITS
ANNEXURES A1 TO A13
Exhibit P2 A TRUE COPY OF ORDER DATED 10.07.2024
IN O.A. (EKM) NO.387/2023 PASSED BY THE
HONOURABLE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
