Kerala High Court
Rajani K vs State Of Kerala on 4 June, 2025
W.P.(C).Nos.6361 & 6561 of 2022 1
2025:KER:39891
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 6561 OF 2022
PETITIONER:
C.H. ABUYUSAF GURUKKAL,
AGED 64 YEARS
S/O. ALIKUTTY GURUKKAL, MANAGER, VALANCHERY, HIGHER
SECONDARY SCHOOL AND THE VALANCHERY GIRLS HIGHER
SECONDARY SCHOOL, P.O. VALANCHERY, MALAPPURAM DISTRICT-
676552.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, TIRUR,
MALAPPURAM DISTRICT-676101.
3 ALIKUNHI P.,
PARAPPIL HOUSE, P.O. VALANCHERY, MALAPPURAM DISTRICT-
676552.
BY ADVS.
SHRI.V.A.MUHAMMED
SMT.P.A.JENZIA
OTHER PRESENT:
SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2025, ALONG WITH WP(C).6361/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.6361 & 6561 of 2022 2
2025:KER:39891
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 6361 OF 2022
PETITIONER:
RAJANI K
AGED 30 YEARS
PHYSICAL EDUCATION TEACHER, GIRLS HIGH SCHOOL,
VALANCHERY, MALAPPURAM-676 552
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, MALAPPURAM-676 101
3 THE MANAGER,
GIRLS HIGH SCHOOL, VALANCHERY, MALAPPURAM-676 552
4 ALIKUNHI.P.
AGED 47 YEARS
S/O.MOHAMMED, PARAPPIL HOUSE, VAIKKATHOOR, VALANCHERY,
MALAPPURAM-676 552
BY ADVS.
GOVERNMENT PLEADER
SHRI.V.A.MUHAMMED
SMT.P.A.JENZIA
W.P.(C).Nos.6361 & 6561 of 2022 3
2025:KER:39891
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2025, ALONG WITH WP(C).6561/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.6361 & 6561 of 2022 4
VIJU ABRAHAM, J.
--------------------
W.P.(C).Nos.6361 & 6561 of 2022
--------------------------------
Dated this the 4th day of June, 2025
JUDGMENT
Both these writ petitions are filed
challenging Ext.P5 Government Order, whereby the
approval of appointment of the petitioner in W.P.
(C) No.6361 of 2022 was rejected by the Government.
W.P.(C)No.6361 of 2022 will be treated as the
leading case and the facts contained therein will
be adverted to in this judgment.
2. Petitioner was appointed as a Physical
Education Teacher on 15.07.2021, as per Ext.P1, by
the 3rd respondent Manager in the retirement vacancy
of one Pradeep G, who retired from the school as a
Physical Education Teacher on 31.03.2021.
Thereafter the Manager forwarded the proposal of
appointment of the petitioner to the 2nd respondent
for approval along with all connected records. But
the 2nd respondent rejected the proposal to approve
the appointment stating that the qualification
certificates including K.TET of the petitioner are
not produced. The 2nd respondent also noticed that
the 4th respondent, who is a 51 A claimant, is
entitled for this post. Stating the above said
reason, the claim of the petitioner for approval of
the appointment was rejected by Ext.P2. Aggrieved
by the same the petitioner has preferred Ext.P3
revision petition before 1st respondent Government,
which was considered by the Government as per the
direction in Ext.P4 judgment of this Court in W.P.
(C)No.21435 of 2021, and rejected the same as per
Ext.P5. In W.P.(C)No.6561 of 2022, which is filed
by the Manager of the school also challenges the
above said order impugned in W.P.(C) No.6361 of
2022.
3. A detailed counter affidavit has been
filed by the Government wherein it is stated that
the 4th respondent, a 51A claimant, has worked as
UPST from 04.06.2007 to 30.06.2009 and acquired the
qualification for a Physical Education Teacher in
the year 2018 and on the amendment of Rule 51A of
Chapter XIV A KER, as per G.O.(P)No.187/2005/G.Edn.
dated 16.07.2005, the 4th respondent, even though
acquired the necessary qualification after the
period he worked as UPST from 04.06.2007 to
30.06.2009, will get preferential claim under 51A,
to be appointed as Physical Education Teacher,
though he had no approved service in the post of
Physical Education Teacher. It is in the said
circumstances that the approval of the appointment
of the petitioner has not been granted.
4. The learned counsel appearing for the
petitioner brought to the notice of this Court
Ext.P6 order of the Government appointing the 4th
respondent as UPST with effect from 03.06.2024 and
the said appointment has been approved also. In the
light of the same, it is the contention of the
petitioner that there is no impediment in approving
the appointment of the petitioner as a Physical
Education Teacher with effect from 15.07.2021.
5. The learned counsel appearing for the 4 th
respondent would submit that it is true that he was
appointed as UPST and got approved the appointment
with effect from 03.06.2024 and that he has no
objection in approving the appointment of the
petitioner with effect from 03.06.2024.
6. In Kalavathy's case cited Supra, this
Court has held that for a teacher to claim
preference under Rule 51A, should be qualified at
the time of relief and no claim can be sustained on
the strength of qualifications acquired
subsequently. A similar contention was considered
by the Full Bench of this Court in Kavitha K.N. v.
State of Kerala and others [2022 (4) KHC 135] and
the majority view was that a teacher who has
obtained a right of preferential appointment under
Rule 51A to future vacancies in identified posts,
based on past service, need to possess
qualification required for the same, lower or
higher post, in which future vacancies arose, only
on the date of arising of the vacancy or on the
date of filling up of the post, as the case may be.
It is brought to my notice that the decision of the
Full Bench of this Court has been stayed by the
Apex Court in SLP Nos.16545 to 16550 of 2022 and
the said matter is still pending consideration
before the said Court.
7. Going by the Full Bench decision in
Kavitha K.N.'s case cited Supra, a 51A claimant
need possess necessary qualification for being
appointed to a vacancy which arose later, need only
possess such qualification as on the date of
arising of the vacancy or on the date of filling up
of the post. Going by the dictum laid down by the
Full Bench of this Court, the 4th respondent, who is
a 51A claimant,who acquired the requisite
qualifications subsequently, is entitled for
preferential appointment to the post which arose on
15.07.2021, to which the petitioner in W.P.(C)
No.6361 of 2022 was appointed. It is true that the
said verdict has been stayed by the Apex Court and
the same is pending consideration before the said
Court. Whatever that be, in view of the appointment
of the 4th respondent as evident from Ext.P6, as
UPST, which was approved with effect from
03.06.2024, I find no reason for not approving the
appointment of the petitioner in W.P.(C)No.6361 of
2022 at least from the date of approval of the
appointment of the 4th respondent in the post of
UPST, ie., 03.06.2024, if her appointment is
otherwise in order. As the 4th respondent is
claiming appointment to the vacancy which arose on
15.07.2021, which is a subject matter now pending
consideration before the Apex Court, I am of the
view that the claim of the petitioner for approval
of appointment with effect from 15.07.2021 can be
considered only after the disposal of the matter
pending before the Apex Court.
8. Therefore, Ext.P5 in W.P.(C)No.6361 of
2022 is set aside directing reconsideration of the
claim of the petitioner for approval of
appointment, taking into consideration the fact
that the 4th respondent in W.P.(C)No.6361 of 2022
has been appointed as UPST with effect from
03.06.2024 at VHSS, Valancherry as per Ext.P6 order
and the appointment was approved from that date. A
decision in this regard shall be taken within an
outer limit of two months from the date of receipt
of a copy of this judgment, after affording an
opportunity of being heard to the petitioner as
well as the 4th respondent in W.P.(C) No.6361 of
2022. The claim of the petitioner in WP(C)
No.6361/2022 for approval of appointment w.e.f
15.7.2021 will be considered by the Educational
authorities based on the outcome of SLP
Nos.16545/2022 & 16550/2022 pending before the Apex
Court.
The writ petition is disposed of as above.
sd/-
VIJU ABRAHAM,JUDGE
pm
APPENDIX OF WP(C) 6361/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
15.7.2021 OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER DATED 14.8.2021
FROM THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED
25.9.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
7.10.2021 IN WPC NO.21435/2021
Exhibit P5 TRUE COPY OF THE ORDER DATED 9.2.2022
FROM THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 4TH RESPONDENT DATED 3.6.2024
APPENDIX OF WP(C) 6561/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER OF
SMT. RAJANI K. IN FORM 27 DATED
15/07/2021.
Exhibit P2 A TRUE COPY OF THE ORDER NO.
K.DIS/B6/1452/2010 OF APPROVAL OF THE
2ND RESPONDENT DATED 27/03/2010 WITH
TYPED COPY.
Exhibit P3 A TRUE COPY OF THE ORDER NO.
B5/26089/2021/K.DIS DATED 14/08/2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WPC NO.
21435/2021 DATED 07/102021.
Exhibit P5 A TRUE COPY OF THE GO(RT) NO.
657/2022/G.EDN. DATED 09/02/2022 ISSUE
BY THE 1ST RESPONDENT.
