Kerala High Court
Rechana Sekhar. C.A.,W/O. Nishanth. ... vs State Of Kerala on 18 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 15 OF 2025
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2025:KER:44897
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
OP(KAT) NO. 15 OF 2025
AGAINST THE ORDER DATED 15.10.2024 IN OA (EKM) NO.1958 OF 2021 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 RECHANA SEKHAR. C.A.,W/O. NISHANTH. C.L.,
AGED 38 YEARS
VOCATIONAL INSTRUCTOR IN LIVESTOCK MANAGEMENT (POULTRY
HUSBANDRY), G.V.H. S.S., MAKKARAPARAMBA,MALAPPURAM DISTRICT,
PIN - 676507,RESIDING AT FLAT NO. 1034,MIR METROPOLIS,
EMERALD PARK, AMBADIMOOLA, KAKKANAD, PIN - 682030
2 APARNA.M.,W/O. SURAJ C.R.,
AGED 36 YEARS
VOCATIONAL INSTRUCTOR IN LIVESTOCK MANAGEMENT (POULTRY
HUSBANDRY), G.V.H.S.S., THAMARASSERY, WAYANAD DISTRICT,
RESIDING AT MALAYIL HOUSE, KARUVANPOIL.P.O.,KODUVALLY,
KOZHIKODE, PIN - 673572
BY ADVS.
SRI.K.R.GANESH
SHRI.ELVIN PETER P.J. (SR.)
SMT.JELEETTA GREGORY
SMT.ANAMIKA M.J.
RESPONDENT/S:
1 STATE OF KERALA ,
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
OP(KAT) NO. 15 OF 2025
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2 THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION,
OFFICE OF THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SENIOR GOVERNMENT PLEADER SHRI A.J.VARGHESE
ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
16.06.2025, THE COURT ON 18.06.2025 DELIVERED THE FOLLOWING:
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JUDGMENT
A.Muhamed Mustaque, J.
The Tribunal considered an issue related to by-transfer
appointments in the post of Vocational Teacher in Livestock
Management (Poultry Husbandry). The petitioners herein are the
applicants before the Tribunal. They are aspirants from the feeder
category of Vocational Instructors in Live Stock Management (Poultry
Husbandry) for the above-mentioned post.
2. Due to the policy evolved by the Government, based on
the direction of the Central Government to implement National Skills
Qualification Framework (NSQF) in all VHSS Schools in the State, the
Government imposed a ban on appointment to vocational posts with
effect from 09/05/2018. This ban is still in force. The case of the
petitioners is that these vacancies existed before the ban, and in the
light of the judgment of this Court in O.P. (KAT). No. 168 of 2019,
dated 05/03/2019, there is no bar in considering the vacancies that
existed before the ban. There is no dispute in regard to the fact that
the petitioners completed their probation and became eligible for
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consideration after the ban. The above judgment was in relation to
direct recruitment by the PSC. In view of the fact that the ban is still
in force, this Court cannot unsettle the policy of the Government by
ordering to effect the by-transfer appointments. The original petition
thus fails, affirming the order of the Tribunal. Accordingly, the original
petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
JOHNSON JOHN, JUDGE
ms
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APPENDIX OF OP(KAT) 15/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE APPOINTMENT 0RDER NO. E5/10437/15
DATED 23.06.2016 OF THE 1ST APPLICANT ISSUED BY
THE 2ND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE ORDER NO. E5/1298/2018 (4) DATED
29.11.2018 OF THE 2ND RESPONDENT DECLARING THE
PROBATION OF THE 1ST APPLICANT.
ANNEXURE A3 TRUE COPY OF THE APPOINTMENT ORDER NO. E5/10437/15
DATED 08.02.2016 OF THE 2ND APPLICANT ISSUED BY
THE 2ND RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE ORDER NO. E5/824/2019 DATED
07.03.2019 OF THE 2ND RESPONDENT DECLARING THE
PROBATION OF THE 2ND APPLICANT.
ANNEXURE A5 TRUE COPY OF THE STATEMENT DOWNLOADED FROM THE
WEBSITE OF THE VOCATIONAL HIGHER SECONDARY
EDUCATION DEPARTMENT THE CADRE STRENGTH OF THE
CATEGORY OF VOCATIONAL TEACHER IN LIVESTOCK
MANAGEMENT AND POULTRY HUSBANDRY SANCTIONED IN THE
DEPARTMENT AND THE SCHOOLS WHERE THE ABOVE POSTS
ARE ALLOTTED AND AVAILABLE ALONG WITH TYPED COPY
OF PAGE NO.1
ANNEXURE A6 TRUE COPY OF THE GOVERNMENT LETTER NO. 155/S.C.3/
2018/G.EDN. DATED 14.06.2018 SENT BY THE
GOVERNMENT TO THE PUBLIC SERVICE COMMISSION.
ANNEXURE A7 TRUE COPY OF THE JUDGMENT DATED 09.07.2019 IN O.P.
(KAT) NO. 168/2019 OF THE HON'BLE HIGH COURT OF
KERALA.
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 22.08.2019 IN R.P.
NO. 744/2019 IN O.P. (KAT) NO. 168/2019 OF THE
HON'BLE HIGH COURT OF KERALA.
ANNEXURE A9 TRUE COPY OF THE ORDER DATED 01.09.2021 IN SPECIAL
LEAVE TO APPEAL (C) NO.S 30379 - 30380/2019 OF THE
HON'BLE SUPREME COURT OF INDIA.
ANNEXURE A10 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.
242/2021/G.EDN. DATED 28.10.2021 ALONG WITH TYPED
COPY OF PAGES 2 AND 3
ANNEXURE A11 TRUE COPY OF THE REPRESENTATION DATED 16.03.2021
SUBMITTED BY THE 1ST APPLICANT BEFORE THE DIRECTOR
OF GENERAL EDUCATION ALONG WITH TYPED COPY.
ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED 19.03.2021 OF
THE PRINCIPAL, G.V.H.S.S. MAKKARAPARAMBA
FORWARDING ANNEXURE-A11 REPRESENTATION TO THE 2ND
RESPONDENT ALONG WITH TYPED COPY.
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ANNEXURE A13 TRUE COPY OF THE COMMUNICATION DATED 25.03.2021 OF
THE ASSISTANT DIRECTOR TO THE 2ND RESPONDENT ALONG
WITH TYPED COPY.
ANNEXURE R2(a) TRUE COPY OF TH LETTER NO. 155/SC3/2018/G. EDN
DATED 14.06.2018 ISSUED BY THE 1ST RESPONDENT
ANNEXURE R2(b) TRUE COPY OF THE LETTER NO. GEDN SC2/287/2018/G.
EDN DATED 19.01.2019 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P1 TRUE COPY OF THE O.A. (EKM.) NO. 1958/2021 FILED
BY THE PETITIONERS BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM,
ADDITIONAL BENCH AT ERNAKULAM DATED 09.12.2021.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 06.07.2022
FILED BY THE 2ND RESPONDENT IN O.A. (EKM.) NO.
1958/2021.
EXHIBIT P3 TRUE COPY OF THE REJOINDER STATEMENT DATED
18.09.2022 FILED BY THE PETITIONERS AGAINST THE
REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN O.A.
(EKM.) NO. 1958/2021.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15.10.2024 PASSED BY
THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM, (ADDITIONAL BENCH AT
ERNAKULAM) IN O.A. (EKM.) NO. 1958/2021.
