Kerala High Court
Sindhu V.B vs State Of Kerala on 21 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 146 OF 2025
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2025:KER:54187
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
OP(KAT) NO. 146 OF 2025
PETITIONER/APPLICANT:
SINDHU V.B.,
AGED 48 YEARS
W/O. SAJI A S, GARDENER, ZOO SECTION, NAPIER MUSEUM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033,
RESIDING AT CHIRAKKAROTTU HOUSE, AREEPARAMBU P.O.,
KOTTAYAM, PIN - 686501
BY ADVS.
SRI.P.NANDAKUMAR
SHRI.VIVEK VIJAYAKUMAR
SHRI.RISHI RAJEEV MENON
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, CULTURAL AFFAIRS (B) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MUSEUMS AND ZOOS,
DIRECTORATE OF DEPARTMENT OF MUSEUMS AND ZOOS, VIKAS
BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
3 THE SUPERINTENDENT OF ZOO,
OFFICE OF THE SUPERINTENDENT, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
OP(KAT) NO. 146 OF 2025
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4 MINIMOL B.S.,
GARDENER, ZOO SECTION, NAPIER MUSEUM, VIKAS BHAVAN
P.O., THIRUVANANTHAPURAM, PIN - 695033
5 D.R.PRASANNAN,
GARDENER, ZOO SECTION, NAPIER MUSEUM, VIKAS BHAVAN
P.O., THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SHRI.S.SHAJI
SHRI.MOHANAN C.
SHRI. B.UNNIKRISHNA KAIMAL - SENIOR GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 146 OF 2025
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JUDGMENT
Dated the 21st day of July, 2025.
A.Muhamed Mustaque, J.
Pursuant to a notification, the party respondents
herein have been appointed to the post of Garden Supervisor
through by-transfer appointment. The qualification prescribed
is SSLC and KGTE Agriculture or its equivalent.
2. Admittedly, the party respondents did not possess the
notified qualifications and they possess only MGTE. The
question as to whether MGTE is a higher qualification or not,
has not been examined by any competent authority so far. In a
challenge made by the petitioner, the Tribunal upheld the
challenge holding that MGTE is neither a higher qualification
nor an equivalent qualification. The Government is now
examining the matter. However, the Tribunal permitted the
party respondents to continue.
3. We are of the view that if the party respondents do not
possess necessary qualifications, they cannot be permitted to
continue and fresh notification will have to be issued. Now, the
learned Government Pleader submits that the matter is under
consideration of the Government and the Government will take
OP(KAT) NO. 146 OF 2025
2025:KER:54187
a final decision on the same soon.
4. That being so, we direct the Government to take a
final decision on the above aspect regarding the necessary
qualifications, including higher qualification, to the post of
Garden Supervisor. Appropriate decision in this regard shall be
taken by the Government within a period of 3 months. We, in
peculiar circumstances of the case, permit the party
respondents to continue till a fresh notification is issued. The
party respondents are also permitted to apply, if they are,
otherwise, qualified as per the notification based on fresh
decision. We make it clear that the permission granted to the
party respondents to continue is only provisional till a fresh
notification is issued as above.
With the above modifications and directions,
this Original Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
Sd/-
JOHNSON JOHN,
JUDGE
ASH
OP(KAT) NO. 146 OF 2025
2025:KER:54187
APPENDIX OF OP(KAT) 146/2025
PETITIONER ANNEXURES
Exhibit P1 TRUE COPY OF THE ORDER DATED 04.02.2025 IN OA
NO.1936 OF 2022 ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE AMENDED OA NO. 1936 OF 2022
ALONG WITH ANNEXURES
Annexure A1 TRUE COPY OF ORDER NO. M.Z (B) 5641/15 ISSUED
BY THE 2ND RESPONDENT DATED 04.01.2016
Annexure A2 TRUE COPY OF CERTIFICATE NO. 32350 ISSUED BY
THE STATE BOARD OF VOCATIONAL HIGHER
SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA
TO THE APPLICANT DATED 30.12.1995
Annexure A3 TRUE COPY OF DISCHARGE CERTIFICATE ISSUED BY
THE AGRICULTURAL OFFICER OF KRISHI BHAVAN,
PANACHIKKAD TO THE APPLICANT DATED 09.04.2012
Annexure A4 TRUE COPY OF RELEVANT EXTRACT OF G.O. (P) NO.
9/89/CAD ISSUED BY THE 1ST RESPONDENT DATED
01.03.1989
Annexure A5 TRUE COPY OF LETTER NO. C1/2887/2022 ISSUED
BY THE DIRECTOR OF GENERAL EDUCATION,
GOVERNMENT OF KERALA TO THE PRINCIPAL
SECRETARY TO GOVERNMENT, GENERAL EDUCATION
(J) DEPARTMENT DATED 09.05.2022
Annexure A6 TRUE COPY OF LETTER NO. C1/2887/2022 ISSUED
BY THE DEPUTY DIRECTOR AT THE OFFICE OF THE
DIRECTOR OF GENERAL EDUCATION TO THE 2ND
RESPONDENT DATED 17.09.2022
Annexure A7 TRUE COPY OF REPRESENTATION PREFERRED BY THE
APPLICANT BEFORE 2ND RESPONDENT DATED
29.09.2022
Annexure A8 TRUE COPY OF ORDER NO. M.Z(A) 5685/2022
ISSUED BY THE 2ND RESPONDENT DATED 17.01.2023
Annexure A9 TRUE COPY OF RTI QUERY SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER ATTACHED TO THE
OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION
DATED 07.11.2022
Annexure A9(a) TRUE COPY OF RTI REPLY LETTER NO. RTI-
1/45861/22/D.T.E ISSUED BY THE PUBLIC
INFORMATION OFFICER ATTACHED TO THE OFFICE OF
THE DIRECTOR OF TECHNICAL EDUCATION DATED
30.11.2022
Annexure A10 TRUE COPY OF G.O. (MS) NO. 526 DATED ISSUED
OP(KAT) NO. 146 OF 2025
2025:KER:54187
BY THE GOVERNMENT DATED 17.07.1965
Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF
OF THE 2ND RESPONDENT
Annexure R2(a) TRUE COPY OF GOVERNMENT LETTER
NO.C4/16217/2016/DTE DATED 25.10.2017
Annexure R2(b) TRUE COPY OF GO (MS) NO.526 DATED 17.07.1965
Annexure R2(c) TRUE COPY OF LETTER NO.MZ (A) 178/2011 DATED
04.11.2022
Exhibit P4 ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF
THE 2ND RESPONDENT
Annexure R2(d) TRUE COPY OF EMAIL OF THE DIRECTOR OF MUSEUM
& ZOOS ON 22.12.2022 AT 12:19 PM TO THE
DIRECTOR OF TECHNICAL EDUCATION
Annexure R2(e) TRUE COPY OF LETTER NO.C4/914/23/DTE DATED
13.01.2023 OF THE DIRECTOR OF TECHNICAL
EDUCATION, THIRUVANANTHAPURAM
Exhibit P5 REPLY STATEMENT FILED BY RESPONDENTS 4 AND 5
Annexure R4(a) TRUE COPY OF APPOINTMENT ORDER
NO.M.Z(A)6082/2010 DATED 02.02.2012 OF THE
4TH RESPONDENT
Annexure R4(b) TRUE COPY OF THE APPOINTMENT ORDER NO.M.Z (B)
444/04 DATED 26.04.2005 OF THE 5TH RESPONDENT
Annexure R4(c) TRUE COPY OF THE RELEVANT PAGES OF THE
SENIORITY LIST OF GARDENERS IN THE DEPARTMENT
OF MUSEUMS & ZOOS AS ON 01.07.2021
Annexure R4(d) TRUE COPY OF LETTER NO.C4/16217/2016/DTE
DATED 25.10.2017 ISSUED BY THE SENIOR JOINT
DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM
Annexure R4(e) TRUE COPY OF GO (MS) NO.526 DATED 17.07.1965
Annexure R4(f) TRUE COPY OF CIRCULAR NO.M.Z(A) 5685/2022
DATED 22.11.2022 ISSUED BY THE 2ND RESPONDENT
Annexure R4(g) TRUE COPY OF APPLICATION DATED 01.12.2022
SUBMITTED BY THE 4TH RESPONDENT
Annexure R4(h) TRUE COPY OF THE APPLICATION DATED 01.12.2022
SUBMITTED BY THE 5TH RESPONDENT
Exhibit P6 TRUE COPY OF REJOINDER SUBMITTED BY THE
APPLICANT
Annexure A11 TRUE COPY OF LETTER NO.E.A-2/9417/23/DTE
ISSUED BY THE DIRECTOR OF TECHNICAL EDUCATION
TO THE PRINCIPAL SECRETARY, HIGHER EDUCATION
DEPARTMENT DATED 13.03.2023.
Annexure A12 TRUE COPY OF REPLY GIVEN BY HON'BLE MINISTER
FOR HIGHER EDUCATION & SOCIAL JUSTICE IN THE
OP(KAT) NO. 146 OF 2025
2025:KER:54187
8TH SESSION OF 15TH KERALA LEGISLATIVE
ASSEMBLY WITH REGARD TO UNSTARRED QUESTION
NO.5369 DATED 15.03.2023
Exhibit P7 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF
OF THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF ADDITIONAL REPLY STATEMENT FILED
BY THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF THE STATEMENT FILED ON BEHALF OF
THE 1ST RESPONDENT
RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the promotion order of the 4th
respondent in the post of Garden Supervisor
in the Museums and Zoos Department as per the
proceedings of the 2nd respondent vide Order
No. E/89610/MZ/633/2024-A dated 30.10.2024
Exhibit R4(b) True copy of the promotion order of the 5th
respondent in the post of Garden Supervisor
in the Museums and Zoos Department as per the
proceedings of the 2nd respondent vide Order
No. MZ(A)5685/2022 dated 17.01.2023
Exhibit R4(c) True copy of the order of declaration of
probation of the 5th respondent in the post
of Garden Supervisor in the Museums and Zoos
Department with effect from 29.01.2024 as per
the proceedings of the 2nd respondent vide
Order No. E/68952/MZ/83/2024-B dated
12.02.2024
