Najaha N.M vs Sruthi K.P
2025 Latest Caselaw 3347 Ker

Kerala High Court

Najaha N.M vs Sruthi K.P on 11 August, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

OP(KAT) NO. 365 OF 2019       1               2025:KER:61527

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                    &

           THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

    MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                       OP(KAT) NO. 365 OF 2019

        AGAINST THE ORDER DATED 21.05.2019 IN OA NO.65 OF 2019 OF

KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM


PETITIONERS:

    1       NAJAHA N.M.,
            AGED 33 YEARS
            W/O.FAZIL N.S., SENIOR CLERK, OFFICE OF THE REGIONAL
            DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
            MALAPPURAM CIVIL STATION B2 BLOCK MALAPPURAM - 676
            505, RESIDING AT NELLICODE KALAM, MOOLAMCODE P.O.,
            PALAKKAD - 678 684.

    2       SABITHA THOMAS,
            AGED 29 YEARS
            W/O.JITHU K.S., CLERK, OFFICE OF THE REGIONAL DEPUTY
            DIRECTOR, HIGHER SECONDARY EDUCATION, MALAPPURAM CIVIL
            STATION B2 BLOCK MALAPPURAM - 676 505, RESIDING AT
            VATTAPPILLIL HOUSE, NENMENIKUNNU P.O., SULTHAN
            BATHERY, WAYANAD - 673 595.


            BY ADVS.
            SRI.P.NANDAKUMAR
            SHRI.S.ANEESH
            SMT.AMRUTHA SANJEEV


RESPONDENTS/APPLICANTS & RESPONDENTS IN OA:

    1       SRUTHI K.P.,
            W/O.P.E.SURESH, RESIDENT OF PAZHANELLI, EDAMANA
            PAZHANELLI, NILESHWAR P.O., KASARAGOD-671314.
    2       SINDHU M.K.,
            W/O.BAIJU K.T., RESIDENT OF KT HOUSE, NORTH BEYPORE
            P.O., KOZHIKODE - 673 015.
 OP(KAT) NO. 365 OF 2019       2               2025:KER:61527


    3        SWAPNA Y.V.,
             W/O.MATHEW C.T., RESIDENT OF CHRIST BHAVAN, BNA-32,
             BETHANY NAGAR, NALANCHIRA P.O., THIRUVANANTHAPURAM-695
             015.

    4        SAJID BABU N.,
             S/O.HAMSA, RESIDENT OF NALAKATHU HOUSE, MUNDUPARAMBA
             P.O., MALAPPURAM - 676 509.

    5        STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

    6        DIRECTOR OF HIGHER SECONDARY EDUCATION,
             HSS DIRECTORATE, HOUSING BOARD BUILDING,
             THIRUVANANTHAPURAM - 695 001.

    7        KERALA PUBLIC SERVICE COMMISSION,
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM-695004.


             BY ADVS.
             SRI.P.RAMAKRISHNAN
             SHRI.JAYKAR.K.S.
             SMT.PREETHI RAMAKRISHNAN
             SRI.PRATAP ABRAHAM VARGHESE
             SHRI.T.C.KRISHNA
             SRI.C.ANIL KUMAR
             SMT.ASHA K.SHENOY


OTHER PRESENT:

             SRI. A.J. VARGHESE, GOVERNMENT PLEADER


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 365 OF 2019        3                2025:KER:61527

                             JUDGMENT

Muralee Krishna S., J.

The petitioners, who are 3rd parties to O.A.No.65 of 2019 on

the file of the Kerala Administrative Tribunal at

Thiruvananthapuram (the 'Tribunal' for short), filed this original

petition invoking the supervisory jurisdiction of this Court under

Article 227 of the Constitution of India, challenging the order

dated 21.05.2019 passed by the Tribunal.

2. Respondents 1 to 4 herein, who are included in

Annexure-A1 ranked list for the post of HSST Physics (Junior)

approached the Tribunal with the O.A. filed under Section 19 of

the Administrative Tribunals Act, 1985, challenging Annexure A8

order dated 27.06.2018 passed by the 6th respondent Director of

Higher Secondary Education, ordering that all substantive

vacancies reportable to Kerala Public Service Commission were

reported before the expiry of the ranked list and no further

vacancies are available for reporting to Kerala Public Service

Commission before the expiry of the rank list, and to direct the 6th

respondent to report 79 substantive vacancies of HSST Physics

(Junior) to the Kerala Public Service Commission before expiry of

Annexure A1 ranked list dated 31.12.2014, and the Kerala Public OP(KAT) NO. 365 OF 2019 4 2025:KER:61527

Service Commission in turn to be directed to advice the candidates

from Annexure A1 ranked list, after excluding the candidates who

got advice and appointment from Annexure A13 ranked list dated

28.01.2015 while operating Annexure A1 ranked list.

3. By the impugned order dated 21.05.2019, the Tribunal

allowed the original application directing the 6th respondent to

forward a proper proforma reporting 25 vacancies to the Kerala

Public Service Commission (which were earmarked and already

reported, from by-transfer category) for direct recruitment from

Annexure A1 ranked list within the period of one month from the

date of receipt of a certified copy of that order and the Kerala

Public Service Commission will finalise the process for advising

candidates in respect of those 25 vacancies with a further period

of two months therefrom. The Tribunal thus set aside Annexure

A8 to that extent. It was further held by the Tribunal that the 25

vacancies thus lost to by-transfer category can be compensated in

later selections as and when a ranked list for by-transfer category

comes into force. Contending that by virtue of the said order, the

petitioners who are entitled to be appointed as HSST Physics

(Junior), through by-transfer appointment will lose their right to

get appointment, the instant O.P.(KAT) has been filed by them. OP(KAT) NO. 365 OF 2019 5 2025:KER:61527

4. On 19.09.2019, when this Original Petition came up for

admission, this Court admitted the same. The learned Government

Pleader took notice for respondents 5 and 6, and the learned

Standing Counsel entered appearance for respondent No.7.

Urgent notice to respondents 1 to 4 was ordered. On 19.09.2019,

it was further ordered that the appointment, if any pursuant to the

impugned order of the Tribunal will be purely provisional and

subject to the result of O.A.No.1165 of 2018. The Tribunal was

directed to dispose of O.A.No.1165 of 2018 within a month,

untrammelled by the order impugned.

5. Today, when this original petition came up for

consideration, the learned counsel for the petitioners submitted

that the matter has become infructuous and hence the petitioners

are not intending to proceed with the same.

In view of the aforesaid submission, the original petition is

dismissed as infructuous.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

OP(KAT) NO. 365 OF 2019 6 2025:KER:61527

APPENDIX OF OP(KAT) 365/2019

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF ORDER DATED 21/05/2019 IN OA NO.65 OF 2019.

EXHIBIT P2 TRUE COPY OF O.A.NO.65 OF 2019 ALONG WITH ANNEXURES.

EXHIBIT P2 - A1 TRUE COPY OF THE RANKED LIST NO.802/14/SSSPL UNDER CATEGORY NO.456/2010, DATED 31/12/2014 ISSUED BY THE KPSC.

EXHIBIT P2- A2 TRUE COPY OF THE ADVICE DETAILS MADE BY THE KPSC PUBLISHED IN ITS OFFICIAL WEBSITE. EXHIBIT P2-A3 TRUE COPY OF THE QUESTIONNAIRE UNDER RTI ACT DATED 07/09/2017 SUBMITTED BY THOMAS STEPHAN. EXHIBIT P2 - A3(A) TRUE COPY OF REPLY DATED 18/09/2017 ISSUED TO THOMAS.

EXHIBIT P2 - A4 TRUE COPY OF GO(RT) NO.61/2017/G.EDN. DATED 24/06/2017.

EXHIBIT P2 - A5 TRUE COPY OF THE REPLY OF THE EDUCATION MINISTER IN THE KERALA LEGISLATIVE ASSEMBLY DATED 18/08/2017.

EXHIBIT P2 - A6 TRUE COPY OF THE INTERIM ORDER DATED 22/12/2017 IN OA NO.2456/2017 OF THE HON'BLE KAT.

EXHIBIT P2 - A7 TRUE COPY OF THE INTERIM ORDER DATED 23/02/2017 IN OA NO.2456/2017 OF THE HON'BLE KAT.

EXHIBIT P2-A8 TRUE COPY OF ORDER NO.AD.B6/91097/HSE/17 DATED 27/06/2018 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

EXHIBIT P2-A9 ORDER NO.AD.B6/77554/HSE/17 DATED 15/03/2018.

EXHIBIT P2-A10 TRUE COPY OF G.O.(P) 144/20001 G.EDN DATED 16/04/2001.

EXHIBIT P1-A11         TRUE COPY OF THE RELEVANT PAGES OF THE RANKED
                       LIST    NO.776/14/SSSPL     UNDER    CATEGORY

NO.456/2010 WHICH WAS BROUGHT INTO FORCE WITH EFFECT FROM 29/12/2014 FOR HSST (PHYSICS). EXHIBI P2-A12 TRUE COPY OF THE RANKED LIST NO.07/2015/SSSPL UNDER CATEGORY NO.456/2010 FOR NON VICATIONAL TEACHER (FOF SHORT NVT) PHYSICS WHICH WAS BROUGHT INTO FORCE W.E.F.12/01/2015.

EXHIBIT P2 - A13 TRUE COPY OF THE RANKED LIST NO.28/15/SSSPL UNDER SECRETARY NO.456/2010 FOR NVT (PHYSIC) (JR) WHICH WAS BROUGHT INTO FORCE W.E.F. 28/01/2015.

EXHIBIT P3             M.A.FOR JOINING TOGETHER.
 OP(KAT) NO. 365 OF 2019     7               2025:KER:61527

EXHIBIT P4           REPLY   STATEMENT   SUBMITTED   BY  THE   2ND
                     RESPONDENT.
EXHIBIT P4-R2(A)     TRUE COPY OF ODER NO.AD.B6/91097/HSE/17 DATED
                     27/06/2018.
EXHIBIT P5           G.O.(RT)       NO.296/2015/G.EDN.       DATED
                     01/12/2018.
EXHIBIT P6           G.O.(P) NO.144/2016/G.EDN. DATED 26/08/2016.
EXHIBIT P7           INTERIM ORDER DATED 27/11/2018 IN O.A.NO.1165
                     OF 2018.