Kerala High Court
N.C.Rahna vs The State Of Kerala on 28 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NOS. 139 & 145 OF 2025
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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 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WA NO. 139 OF 2025
AGAINST THE JUDGMENT DATED 16.12.2024 IN WP(C) NO.15078 OF 2019
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER :
N.C.RAHNA
AGED 35 YEARS
WIFE OF KRISHNA KUMAR,
LOWER PRIMARY SCHOOL ASSISTANT,
N.S.V.V.L.P.SCHOOL, KANNIKKULANGARA,
P.O.PUTHENCHIRA, MALA,
THRISSUR DISTRICT, PIN - 680732
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS/RESPONDENTS :
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM-695 001,
PIN - 695001
WA NOS. 139 & 145 OF 2025
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2 THE DIRECTOR OF PUBLIC INSTRUCITON,
JAGATHY,
THIRUVANANTHAPURAM-695 014,
PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR AT AYYANTHOLE-680 003, PIN - 680003
4 THE ASSISTANT EDUCATIONAL OFFICER,
MALA, THRISSUR DISTRICT-680 682, PIN - 680682
5 THE MANAGER,
N.S.V.V.L.P.SCHOOL,
KANNIKKULANGARA, PUTHENCHIRA,
THRISSUR DISTRICT-680 682, PIN - 680682
6 THE HEADMISTERESS,
N.S.V.V.L.P.SCHOOL,
PUTHENCHIRA, KANNIKKULANGARA,
THRISSUR-680 682, PIN - 680682
SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.01.2025,
ALONG WITH WA NO.145/2025, THE COURT ON 28.01.2025 DELIVERED THE
FOLLOWING:
WA NOS. 139 & 145 OF 2025
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2025:KER:6819
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 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WA NO. 145 OF 2025
AGAINST THE JUDGMENT DATED 16.12.2024 IN WP(C) NO.14407
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER :
N.C. RAHNA
AGED 37 YEARS
WIFE OF KRISHNAKUMAR,
LOWER PRIMARY SCHOOL ASSISTANT,
N.S.V.V. LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT- 680682
(RESIDING AT NEDUMPARAMBIL (H),
VALANGAMURY, NALUKETTU.P.O,
KORATTY, THRISSUR DISTRICT,
PIN - 680308
BY ADVS.
M.SAJJAD
P.A.JENZIA
RESPONDENTS/RESPONDENT :
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
WA NOS. 139 & 145 OF 2025
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SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
4 THE DISTRICT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT,
PIN - 680121
5 THE ASSISTANT EDUCATIONAL OFFICER
MALA, THRISSUR DISTRICT, PIN - 680732
6 THE MANAGER
NSVVLPS, LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT, PIN - 680682
7 THE HEADMASTER
NSVVLPS, LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT, PIN - 680682
8 SMT.BIBITHA V ANTONY
LPST, NSVVLPS, LP SCHOOL,
KANNIKKULANGARA, PUTHENCHIRA.P.O.,
MALA, THRISSUR DISTRICT, PIN - 680682
BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)(K/116/1981)
BRIJESH MOHAN(K/1851/1999)
SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.01.2025,
ALONG WITH WA NO.139/2025, THE COURT ON 28.01.2025 DELIVERED THE
FOLLOWING:
WA NOS. 139 & 145 OF 2025
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JUDGMENT
Dated this the 28th day of January 2025
A.Muhamed Mustaque, J.
Smt.N.C.Rahna, the appellant in both the cases was unsuccessful
before the learned Single Judge in regard to her claim for appointment to
the vacancy of LPSA in NSVV LP School, Mala, Thrissur. She approached
this Court challenging the rejection of approval of her appointment and also
challenging the appointment of Smt. Bibitha V. Antony.
2. The appellant's claim for appointment is traceable to an interim
order passed by this Court in W.P.(C).No.11942/2015 dated 15/5/2025, by
which this Court permitted the Manager to commence 5th standard in the
school from June 2015 onwards. The Manager, anticipating the sanction of
the course for 5th standard, appointed Rahna. By yet another order dated
31/5/2019 in WP.(C) 15078/2019, Rahna was permitted to continue as a
Teacher at her risk. No post was sanctioned. That means, no claim could
have been raised by Rahna. Rahna is an unapproved Teacher. However,
placing reliance on the judgment of this Court in W.P.(C).No.32339/2014,
Rahna was staking a claim that an unapproved teacher should be considered
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for all future vacancies as against any other subsequent teachers. We do
not have a dispute regarding the proposition of law laid down in the above
case which was also subsequently reiterated in W.A. No.417/2024.
However, as evident from Ext.R6(b) produced in W.P.(C).No.14407/2024,
Rahna had executed a relinquishment letter to the Manager acknowledging
that she received the entire salary from the Manager and that she has no
future claims for any posts. Nowhere in the writ petition had Rahna stated
that she had executed such a relinquishment. However, when confronted
with the relinquishment letter, she amended the writ petition, stating that
it was executed under compulsion in peculiar circumstances to obtain her
certificates.
3. The matter related to the right of an unapproved teacher is not
contemplated under the Kerala Education Rules, 1959. It is relying on the
general principles of law i.e, the last come first go principle, this Court held
that such a preferential claim of the earlier claimant would have support of
law to raise any claim for reappointment on any subsequently arising
vacancy. In this case, the relinquishment letter issued by Rahna stands
against her, and the principle of waiver would be applicable.
4. In Private law, any right available to the parties to claim, if
relinquished, would amount to waiver. According to Black's Law Dictionary,
the term "waiver" means voluntary relinquishment or abandonment of any
legal right or advantage. The Apex Court in P. Dasa Muni Reddy v. P Appa
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Rao, 1974 AIR 2089, has observed that "waiver is an intentional
relinquishment of a known right or advantage, benefit, claim or privilege
which except for such waiver the party would have enjoyed. Waiver can also
be a voluntary surrender of a right."
Anyway, this Court cannot adjudicate the validity of the
relinquishment letter. If Rahna is so desirous, she can very well challenge
the relinquishment letter alleged to have been made on compulsion by
invoking private law remedy. In view of the fact that she has not denied
execution of the relinquishment letter, and also on the fact that she was
appointed in a non-existent vacancy, she cannot raise any claim against the
subsequently arising vacancy in respect of which Bibitha V. Antony has been
appointed. The statutory authorities have rightly rejected the claim of
Rahna. We see no scope to interfere with the judgment of the learned
Single Judge.
The appeals stand dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P. KRISHNA KUMAR, JUDGE
ms
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PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE JUDGMENT IN WP(C).NO.
32339 OF 2014 DATED 27.07.2015
Annexure A-2 TRUE COPY OF THE DECISION REPORTED IN 2007
Annexure A-3 TRUE COPY OF THE JUDGMENT IN W.A. NO.
417/2024 DATED 27.03.2024
Annexure A-4 TRUE COPY OF THE DECISION REPORTED IN 2024
KHC ONLINE 6440 = ILR 2024 (3) KER 1085
SHABNA ABDULLA V. UNION OF INDIA
20.08.2024
Annexure A-5 TRUE COPY OF THE INTERIM ORDER IN WP.(C)
NO. 15078/2019 DATED 24.11.2021
Annexure A-6 TRUE COPY OF THE INTERIM ORDER IN WP.(C)
NO. 15078/2019 DATED 21.03.2022
WA NOS. 139 & 145 OF 2025
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PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE JUDGMENT IN WP(C).NO.
32339 OF 2014 DATED 27.07.2015
Annexure A-2 TRUE COPY OF THE DECISION REPORTED IN 2007
(2) KLT SN 63 CASE NO.85
Annexure A-3 TRUE COPY OF THE JUDGMENT IN W.A. NO.
417/2024 DATED 27.03.2024
Annexure A-4 TRUE COPY OF THE DECISION REPORTED IN 2024
KHC ONLINE 6440 = ILR 2024 (3) KER 1085
SHABNA ABDULLA V. UNION OF INDIA
20.08.2024
Annexure A-5 TRUE COPY OF THE INTERIM ORDER IN WP.(C)
NO. 15078/2019 DATED 24.11.2021
Annexure A-6 TRUE COPY OF THE INTERIM ORDER IN WP.(C)
NO. 15078/2019 DATED 21.03.2022
