Kerala High Court
Eldho Jose vs The State Of Kerala on 20 June, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 27229 OF 2023
PETITIONER/S:
ELDHO JOSE
AGED 36 YEARS
AGED 36 YEARS, S/O K. P. JOSE, UPST, ST. STEPHENS
GIRLS HIGH SCHOOL, KEERAMPARA, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN- 686681, RESIDING AT:
KANNOTHUKUDIYIL, KOTTAPADY P.O., KOTHAMANGALAM-
686692.
BY ADVS.
SRI.PAUL ABRAHAM VAKKANAL
SRI.ABRAHAM VAKKANAL (SR.)
SMT.VINEETHA SUSAN THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HSE WING)
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695001.
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, ERNAKULAM - 682011.
4 MANAGER
ST. STEPHENS EDUCATIONAL AGENCY, KEERAMPARA P.O.,
KOTHAMANGALAM- 686681.
5 SHRI. BIJU JOSE GEORGE
HSST JUNIOR (ECONOMICS) ST. STEPHENS HSS, KEERAMPARA,
ERNAKULAM- 686681.
6 SMT. BELJA JOSEPH
HSA (SOCIAL SCIENCE) ST. STEPHENS GHS, KEERAMPARA,
ERNAKULAM- 686681, RESIDING AT PISHARATHUMALIL (H),
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WP(C)No.27229 of 2023 2
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ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM - 683549.
BY ADVS.
GOVERNMENT PLEADER
SHRI.JOBY D JOSEPH
SRI.J.JULIAN XAVIER
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.NIRMAL KURIEN EAPEN
SHRI.MARTIN K.J.
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH WP(C)NOS.31713/2022, 39320/2022, THE
COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
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WP(C)No.27229 of 2023 3
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 31713 OF 2022
PETITIONER/S:
BELJA JOSEPH
AGED 41 YEARS
W/O. BASIL KURIAN MATHEWS, H.S.A. (SOCIAL SCIENCE),
S.S.G.H.S., KEERAMPARA, KEERAMPARA.P.O., ERNAKULAM
DISTRICT -686 681, RESIDING AT PISHARATHUMALIL HOUSE,
ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM DISTRICT - 683
549.
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.ANU JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 014.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
ERNAKULAM - 682 011.
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WP(C)No.27229 of 2023 4
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4 THE MANAGER,
ST. STEPHEN'S EDUCATIONAL AGENCY, KEERAMPARA.P.O.,
KEERAMPARA - 686 681.
5 SRI.BIJU JOSE GEORGE,
H.S.S.T.(JUNIOR ) ECONOMICS, S.S.G.H.S., KEERAMPARA,
ERNAKULAM DISTRICT -686 681
BY ADVS.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SMT.ANJANA RAM
SHRI.NIRMAL KURIEN EAPEN
SHRI.EBEE ANTONY
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025 ALONG WITH WP(C)NO.27229/2023 AND CONNECTED CASES,
THE COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
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WP(C)No.27229 of 2023 5
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 39320 OF 2022
PETITIONER/S:
ELDHO JOSE
AGED 35 YEARS
S/O K. P. JOSE, UPST, ST. STEPHENS GIRLS HIGH SCHOOL,
KEERAMPARA, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-
686681, RESIDING AT: KANNOTHUKUDIYIL, KOTTAPADY P.O.,
KOTHAMANGALAM-686692.
BY ADVS.
SMT.VINEETHA SUSAN THOMAS
SHRI.ROHITH C.
SRI.ABRAHAM VAKKANAL (SR.)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HSE WING),
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695001.
3 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, ERNAKULAM - 682011.
4 MANAGER,
ST. STEPHENS EDUCATIONAL AGENCY, KEERAMPARA P.O.,
KOTHAMANGALAM-686681.
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WP(C)No.27229 of 2023 6
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5 BIJU JOSE GEORGE,
HSST JUNIOR (ECONOMICS) ST. STEPHENS HSS, KEERAMPARA,
ERNAKULAM- 686681.
6 BELJA JOSEPH,
HSA (SOCIAL SCIENCE) ST. STEPHENS GHS, KEERAMPARA,
ERNAKULAM- 686681, RESIDING AT PISHARATHUMALIL (H),
ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM - 683549.
BY ADVS.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.J.JULIAN XAVIER
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.ANU JOSEPH
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.NIRMAL KURIEN EAPEN
SHRI.EBEE ANTONY
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025 ALONG WITH WP(C)NO.27229/2023 AND CONNECTED CASES,
THE COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
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WP(C)No.27229 of 2023 7
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JUDGMENT
[WP(C) Nos.27229/2023, 31713/2022, 39320/2022]
...
In all these cases, the challenge raised is mainly against the
appointment of the 5th respondent in WP(C)No.31713/2022 as
H.S.S.T (Junior) Economics, in the school managed by the 4 th
respondent in WP(C)No.31713/2022 and the subsequent appointment
of the 5th respondent as H.S.S.T (Economics). The 5 th respondent
was initially appointed as H.S.S.T (Junior) on 01.06.2022 in the
vacancy that arose in the school consequent to the retirement of one
K.A. Joy and later promoted as H.S.S.T (Economics) in the vacancy
that arose consequent to the retirement of one P.D. Jose on
31.03.2023. The appointment of the 5th respondent as H.S.S.T
(Economics) with effect from 15.07.2023, is evidenced by Ext.P15.
(For the sake of convenience, WP(C)No.31713/2022 is taken as a
leading case and the parties and the exhibits are hereinafter referred
to based on the descriptions as shown in the said writ petition unless
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otherwise clearly specified).
2. The facts that led to the filing of WP(C) No.31713/2022
are as follows: The 4 th respondent is a corporate educational agency
managing three schools viz., M.S.L.P. School, Keerampara,
S.S.G.High School, Keerampara and S.S.H.S.S., Keerampara. The
petitioner was initially appointed as L.P.S.A in M.S.L.P School,
Keerampara for period from 07.11.2000 to 10.01.2001 and the same
was approved. Thereafter, she was appointed as U.P.S.A and L.P.S.A
on various spells in the schools managed by the 4 th respondent and
later she was appointed as L.P.S.A in a regular vacancy as per Ext.P1
order dated 02.06.2004. All the appointments of the petitioner
including her appointment against regular vacancy were approved by
the educational authorities concerned. Later, she was appointed as
U.P.S.A and H.S.A (Social Science). Exhibit P2 is the appointment
order issued by the 4th respondent appointing the petitioner as H.S.A.
(Social Science). The said appointment was approved by the District
Educational Officer, Kothamangalam on 03.08.2018 as per Ext.P3
order, with effect from 1.10.2011.
3. The petitioner possesses the qualification of M.A.
(Economics) awarded by Madhurai Kamaraj University and has
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acquired B.Ed. Degree in Social Science. There is no B.Ed. Degree in
Economics conducted by any of the Universities in the State of Kerala,
but the B.Ed. Degree in Social Science comes under the faculty of
Economics. The 5th respondent was working as H.S.A (Social Science)
in the S.S.H.S.S., Keerampara. He is senior to the petitioner in the
category of H.S.A. He possesses B.Ed. Degree (Malayalam) and M.A.
(Economics). A vacancy of H.S.S.T. (Junior) Economics, arose in the
S.S.H.S.S., Keerampara on 01.06.2022 due to the retirement of
Sri.K.A.Joy. According to the petitioner, she was the only eligible
candidate having qualifications to be appointed as H.S.S.T (Junior)
Economics, by way of by transfer appointment, as on the date of
occurrence of the vacancy. However, the 4 th respondent proposed to
appoint the 5th respondent as H.S.S.T(Junior) against which a
representation was submitted by the petitioner claiming the same.
Exhibit P7 was the said representation. However, the 4 th respondent
appointed the 5th respondent as H.S.S.T.(Junior) rejecting the claim
of the petitioner. The Writ Petition was submitted in such
circumstances challenging the said appointment.
4. While the Writ Petition was pending consideration, the 4 th
respondent appointed the petitioner as H.S.S.T. (Economics) on
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14.07.2023 in the retirement vacancy of one Jose P.D. who retired on
31.03.2023. However, the said order was not given effect to, as
immediately thereafter, Ext.P14 order was issued by the 4 th
respondent, nullifying the said appointment of the petitioner, as
according to the 4th respondent, it was only a mistake. Later, Ext.P15
appointment order was issued appointing the 5 th respondent as
H.S.S.T.(Economics) who was working in the school as H.S.S.T.
(Junior) Economics at the relevant time based on the appointment
order challenged in the writ petition. Thereafter, the 4 th respondent
issued an appointment order to the petitioner appointing her as
H.S.S.T (Junior) (Economics) with effect from 15.7.2023 in the
promotion vacancy of the 5th respondent. Exhibits P16 and P17 are
the proceedings and the appointment order in this regard. According
to the petitioner, she was the only eligible person to be appointed as
H.S.S.T (Junior) when the vacancy arose in S.S.H.S.S, Keerampara
on 01.06.2022 due to the retirement of Sri.K.A.Joy. Despite the
legitimate claim, the 5th respondent was given preference above the
petitioner only because of the reason that, the 5 th respondent was
senior to the petitioner.
5. A counter affidavit was submitted by the 4 th respondent,
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the Manager of the school. According to the 4 th respondent, when the
vacancy of H.S.S.T (Junior) arose consequent to the retirement of
K.A.Joy, the petitioner could not have been considered for the said
post, in view of the fact that, in the staff fixation order for 2022-
2023, the post of the petitioner as HSA was abolished and thereby
she was deployed to another school. Exhibit R4(c) is the staff fixation
order dated 27.8.2022 and the same was with effect from 15.7.2022.
It is also the case of the 4 th respondent that, as far as the vacancy of
H.S.S.T (Junior) consequent to the retirement of Sri. K.A.Joy is
concerned, the same occurred only on 25.8.2022 when the classes of
Plus 1 for 2022-2023 batch started. Therefore, it was contended that
as on the said date, the petitioner stood deployed by virtue of Ext.R4
(c) order and therefore she was not entitled to be considered for
promotion, as she was not in the seniority list maintained by the
school. Thus, it is the specific case of the 4 th respondent that a
candidate can be considered for promotion only if such candidate is
on the rolls of the parent school and a teacher, who is deployed under
protection, is not entitled to such consideration. The 4 th respondent
places reliance upon Ext.R4(d) letter issued by the Government
and Ext.R4(e) decision rendered by a Full Bench of this
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Court in Abraham A.G.and Others v. State of Kerala and Others
[2009 (3) KHC 557]. The 5th respondent also filed a detailed
counter affidavit reiterating the aforesaid contentions and justifying
Ext. P15 order. In the light of some subsequent developments, the
petitioner amended WP(C)No. 31713/2022, by incorporating
necessary pleadings, grounds and reliefs challenging the Ext.P15
order and seeking consequential reliefs. The 5th respondent also
contended that the petitioner is not duly qualified as on the date of
occurrence of vacancy and therefore there is no illegality in Ext.P15
order.
6. The 3rd respondent, the Regional Deputy Director of Higher
Secondary Education, also filed counter affidavit disputing the
averments contained in the writ petition, justifying the stand taken in
Ext.P15.
7. A reply affidavit was filed by the petitioner reiterating her
contentions and producing additional documents to substantiate the
case of the petitioner.
8. WP(C)No.39320/2022 and WP(C)No.27229/2023 were filed
by one Eldho Jose who is working as U.P.S.T in one of the schools of
the 4th respondent in WP(C)No.31713/2022. He is aggrieved by the
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appointment of the 5th respondent as the H.S.S.T (Junior) Economics
as according to the petitioner in WP(C)No.27229/2023, (hereinafter
referred to as Sri. Eldho Jose), he is more qualified than the petitioner
in WP(C)No.31713/2022 and the 5th respondent therein, who are
respondents 5 and 6 respectively in WP(C)No.27229/2023 and
therefore he should have been given appointment as H.S.S.T (Junior)
in the vacancy of Sri. K.A. Joy. In WP(C)No.39320/2022 Sri. Eldho
Jose challenged the appointment of the 5th respondent as H.S.S.T
(Junior) and also sought a direction to appoint the said Eldho Jose as
H.S.S.T (Junior). In WP(C)No.27229/2023, the petitioner is
challenging various orders issued in this regard and also seeking a
declaration that the exemptions granted from State Eligibility Test,
(SET) under Rule 10 of Chapter XXXII of KER, to the 5 th and 6th
respondents are illegal and void.
9. The respondents therein also filed detailed counter affidavits,
opposing the reliefs sought therein and raised the contentions they
have already raised in WP(C)No.31713/2022.
10. Heard Sri. Elvin Peter, the learned Senior Counsel for the
petitioner in WP(C)No.31713/2022 assisted by Sri.K.R.Ganesh,
Sri. M.Sajjad, the learned counsel appearing for the 4 th respondent,
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Sri.Julian Xavier, the learned counsel appearing for the 5 th
respondent, Sri.Premchand R. Nair, Senior Government Pleader and
Smt.Sarojini K.G., Government Pleader appearing for respondents 1
to 3 and Sri. Abraham Vakkanal, the learned Senior Counsel
appearing for the petitioners in WP(C)No.39320/2022 and
WP(C)No.27229/2023 assisted by Sri. Paul Abraham Vakkanal.
11. It is evident from the pleadings and the records produced
before this Court that, three persons are claiming the appointment as
H.S.S.T (Junior) / H.S.S.T in Economics and all of them are claiming
superior eligibility qualifications. The 5th respondent is the person who
is already given appointment, which is under challenge in these writ
petitions. He is admittedly the senior most H.S.S.T among them. As
far as the petitioner in WP(C) No.31713/2022 and the 5 th respondent
therein are concerned, they are HSSTs working under the school
managed by the 4th respondent, whereas, the petitioner in other two
writ petitions are concerned, he is working as U.P.S.T in one of the
schools of the 4th respondent. As the basic question pertains to the
qualifications of the persons concerned, it is only proper to go
through the statutory provisions in this regard, before examining the
rival contentions of the parties.
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12. Rule 4 of Chapter XXXII of KER contemplates the method
of appointment of various posts in the higher secondary section of the
school, including, Higher Secondary School Teacher (Junior) (HSST
Jr). Column (3) for Higher Secondary School Teacher category in
Rule 4 reads as follows:
"Higher Secondary School Teacher (Junior) -:
1. (i) By transfer from qualified High School Assistants in the
subject concerned under the Educational Agency.
(ii) In the absence of qualified hands under item (i) above, by
transfer from qualified Upper Primary School Assistants / Lower
Primary School Assistants in the subject concerned under the
Educational Agency.
2. By direct appointment
Note:- (i) 25% of the total posts shall be filled up by the method
specified in item (I) above on seniority cum suitability basis and
75% of such post shall be filled up by direct appointment.
(ii) Librarian Grade III: When qualified persons are not available
to fill up the vacancies set apart for appointment by transfer under
item 1 above, such vacancies also shall be allotted for direct
appointment."
Rule 6 of Chapter XXXII of KER and column 2(24) for H.S.S.T
(Junior) provides the qualifications for by transfer and direct
appointment, which reads as follows:
"By Transfer and by direct appointment-
(i) Master's Degree in the concerned subject with not less than
50% marks from any of the Universities in Kerala or a qualification
recognised as equivalent thereto in the respective subject by a
University in Kerala.
(ii) (1) B. Ed. in the concerned subject acquired after a regular
course of study from any of the Universities in Kerala or a
qualification recognised as equivalent thereto by a University in
Kerala.
(2) In the absence of persons with B.Ed. degree in the
concerned subject, B. Ed. degree acquired in any one of the
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subject under the concerned Faculty as specified in the
Acts /Statutes of any of the Universities in Kerala.
(3) In the absence of persons with B. Ed degree as specified
in items (1) and (2) above, persons with B. Ed. degree in any
subject acquired after a regular course of study from any of
the Universities in Kerala or a qualification recognised as
equivalent thereto by any of the Universities in Kerala.
(iii) Pass in the State Eligibility Test for the post of Higher
Secondary School Teacher conducted by Government of Kerala or
by the Agency authorised by the State Government."
Rule 10 of Chapter XXXII provides for exemption from acquiring the
State Eligibility Test, which is one of the qualifications prescribed for
H.S.S.T (Junior) as per Rule 6 thereof. The said provision reads as
follows:
"10. Exemption:- (1) Those persons who have passed the State
Level Eligibility Test for post of College Lecturers conducted by
Government of Kerala are exempted from passing the State
Eligibility Tests for Higher Secondary School Teacher.
(2) Those persons who have passed the National
Eligibility Test/Junior Research Fellowship shall be
exempted from passing the State Eligibility Test.
(3) Persons with Ph. D/M. Phil/ M. Ed. degree shall be
exempted from passing the State Eligibility Test
provided the M. Phil in the concerned subject is
awarded by any of the Universities in Kerala or
recognised as equivalent thereto by any of the
Universities in Kerala.
4.Teachers who have completed ten years of approved
teaching service at the High School level shall be
exempted from passing the State Eligibility Test."
13. As far as the claim of Sri. Eldho Jose is concerned, it is to
the effect that, neither the petitioner in WP(C)No.31713/2022 nor the
5th respondent therein, are eligible to be considered for appointment
as H.S.S.T (Junior), as they lack one of the basic qualifications
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contemplated under Rule 6 of Chapter XXXII, which is a pass in the
SET. This factual position is admitted. However, they were considered
for appointment based on the specific exemption contemplated under
Rule 10 (4) of Chapter XXXII referred to above, which provides that
the teachers who had completed 10 years of approved teaching
service at High School level, shall be exempted from passing the
State Eligibility Test. The case of the said Eldho Jose is that, since the
SET qualification is prescribed as one of the essential qualifications to
be considered for the post of H.S.S.T (Junior), preference should have
been given to a candidate who already possesses the said
qualification and only in the absence of candidates with such
qualification, the persons without such qualification, based on the
exemption contemplated under Rule 10(4) could have been
considered.
14. When considering the aforesaid question, the crucial aspect
to be noticed is that, Rule 10(4) specifically provides for an
exemption from obtaining the said qualification in respect of teachers,
who have completed 10 years of approved teaching service. On
carefully going through the statutory provisions contemplated under
Chapter XXXII, it can be seen that, nowhere in the said Chapter,
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there are any provisions, which contemplate any preferential
treatment to persons who have obtained the SET qualification over
the candidates who lack the said qualification. Therefore, in the
absence of any preferential treatment for the same, the persons who
are eligible for such exemption are to be treated at par with the
persons who have the SET qualification. Any other interpretation
would defeat the purpose of granting such the exemption.
15. It is true that, the learned Senior Counsel appearing for
Eldho Jose vehemently contended about the purpose of introducing
the said qualification of SET, as according to him, it was introduced in
the light of the statutory stipulation contained in the Central
enactment viz.,the Right of Children to Free and Compulsory
Education Act, 2009. The learned Senior Counsel also brought the
attention of this Court to the National Education Policy, 2020, wherein
the importance of maintaining the quality of education was
highlighted.
16. Apart from the above, the learned Senior Counsel also
raised the contentions against Rule 10(4) of Chapter XXXII of KER by
which exemption was specifically contemplated. According to the
learned Senior Counsel, the same is unreasonable and therefore liable
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to be interfered with. However, the crucial aspect to be noticed is
that, in the writ petition, the petitioner did not challenge the validity
of Rule 10 (4) of Chapter XXXII of KER as such, and the challenge is
confined to the granting of exemption to the 5 th and 6th respondents.
So long as the statutory provision contemplates the exemption, there
is nothing wrong on the part of the Government in granting
exemption provided under the said provision to the persons who are
coming within the said provision. Therefore, I am of the view that,
while granting exemption to the petitioner in WP(C)No.31713/2022
and the 5th respondent, under Rule 10 of Chapter XXXII of KER, the
Government was not doing an illegal act but was only enforcing the
statutory provisions. Therefore, the challenge raised by the said Eldho
Jose against the same is not legally sustainable.
17. Thus, to consider the issues involved in these writ petitions,
we will have to proceed with a conclusion that, the petitioner in
WP(C)No.31713/2022 and the 5th respondent therein, were eligible to
be considered to the post of H.S.S.T (Junior) when the vacancy arose.
As mentioned above, Rule 4 of Chapter XXXII contemplates the
method of appointment. Column 3(1)(i) of Rule 4, provides for
appointment by way of "by transfer" from a qualified High School
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Assistant in the subject concerned under the Educational agency.
Column 3(1)(ii) provides that, in the absence of qualified hands under
item (1) above, appointment by way of "by transfer" from the
qualified Upper Primary School Assistants/Lower Primary School
Assistants in the subject concerned under the Educational agency can
be considered. Thus, when a vacancy arises, the appointing authority
has to consider first, whether there are any qualified High School
Assistants to be appointed in the said post. As mentioned above, this
Court has already found that, even though the petitioner and the 5 th
respondent were not having the SET qualification, as they have
completed 10 years of service in the High School level, they are
exempted from obtaining such qualification, by virtue of Rule 10(4).
Therefore, as they are to be treated at par with the persons having
qualification of SET by virtue of the operation of Section 10(4), they
have to be considered for the purpose of appointment to the post of
H.S.S.T (Junior), at the first instance. Therefore, since they are
eligible H.S.S.Ts to be considered for the post of H.S.S.T (Junior), the
stipulations contained in Column 3 (1) (ii) to Rule 4 of Chapter XXXII
would not come into play. This is because, the said provision can be
made applicable only in cases where, there are no qualified High
2025:KER:39284
and Con.Cases
School Assistants, as contemplated under column 3 (1)(i) to Rule 4,
which is not so in these cases. Therefore, the claim raised by the
said Eldho Jose as against the qualifications of the petitioner and the
5th respondent are not legally sustainable.
18. Now the question to be considered is with respect to the
dispute between the petitioner and the 5 th respondent. The specific
case of the petitioner is that, as on the date when the vacancy arose,
he was the only eligible candidate to be appointed, by virtue of the
stipulations contained in Rule 6 of Chapter XXXII of KER. Even
though the 5th respondent was senior to the petitioner, his
qualification is B.Ed in Malayalam which is a qualification
contemplated for H.S.S.T (Junior) under column 2 of Rule 6 under
Chapter XXXII of the KER, whereas, the petitioner is a person having
B.Ed degree qualification as prescribed in Rule 6 ,H.S.S.T (Junior)
category under column (2)(ii)(2). A careful reading of the statutory
stipulations as referred to above would indicate that, as far as B.Ed.
degree is concerned three categories are mentioned as qualification.
Rule 6, in H.S.S.T (Junior) Economics category under column (2)(ii)
(1) contemplates that, B.Ed in the concerned subject acquired after a
regular course of study from any of the Universities in Kerala or a
2025:KER:39284
and Con.Cases
qualification recognized as equivalent thereto by a University in
Kerala. In this case, the post of H.S.S.T (Junior) is in Economics and
the petitioner as well as the 5th respondent, do not possess a B.Ed
degree in the said subject. It is to be noted that, the petitioner is
holding B.Ed degree in Social Science, whereas the 5 th respondent is
the holder of B.Ed degree in Malayalam. Therefore, none of the
persons are having the qualifications contemplated under Rule 6, for
H.S.S.T (Junior) for Economics, as per column (2)(ii)(1).
19. When coming to Rule 6, H.S.S.T(Junior) Economics, under
column (2) (ii)(2) it can be seen that, the same provides that, in the
absence of persons with B.Ed. degree in the concerned subject, B.Ed.
degree acquired in any one of the subjects under the concerned
"Faculty" as specified in the Acts/Statutes of any of the Universities in
Kerala, is sufficient. It is an admitted position that, in Kerala, there is
no B.Ed degree in Economics. In the absence of any persons with
B.Ed.degree in Economics, it is possible for the authorities concerned,
by virtue of Rule 6, for H.S.S.T (Junior) Economis under column (2)
(ii)(2) to consider the persons with B.Ed degree, acquired in any one
of the subjects under the concerned Faculty, as specified in the
Acts/Statutes of any of the Universities in Kerala. In this regard,
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and Con.Cases
Chapter V of Kerala University First Ordinances, 1978 becomes
relevant. The said Chapter provides the Department of Studies and
the faculty of Social Science mentioned therein includes Economics.
Therefore, by virtue Chapter V of Kerala University First Ordinances,
1978 r/w Rule 6, under column 2 (ii)(2) Chapter XXXII of KER, a
person holding the degree in B.Ed in Social Science has to be treated
as a person having the qualification. As far as the appointment of the
5th respondent is concerned, if the petitioner is found eligible to be
appointed for the consideration for the post of H.S.S.T, the 5 th
respondent would get automatically excluded from the zone of
consideration, as he is the holder of B.Ed Degree in Malayalam,
which is not coming within the "faculty" as referred to above. This is
because, the 5th respondent falls under the category of persons
referred to in Rule 6, H.S.S.T. category under column (2) (ii)(3)
which provides that, in the absence of persons with B.Ed. degree as
specified in items (1)(2) above, the persons with B.Ed. degree in any
subject acquired after a regular course of study from any of the
Universities in Kerala or a qualification recognized as equivalent
there to by any one of the Universities in Kerala, can be considered.
Thus, only in the absence of any of the candidates with qualifications
2025:KER:39284
and Con.Cases
referred to in the categories in (1) and (2) referred to above, a
person falls within in the category of (3) can be considered.
Therefore, the only conclusion possible is that, if the petitioner's
qualification is to be accepted, she has to be given preference over
the qualifications of the 5th respondent.
20. However, the petitioner was not considered by the
Educational agency mainly on the reason that, as on the date when
the vacancy of Sri. K.A.Joy was sought to be filled up, the petitioner
stood deployed as per Ext.P6 dated 25.8.2022 with effect from
15.7.2022. According to the 4 th and 5th respondents, the vacancy to
which the 5th respondent was appointed arose only on 25.8.2022, the
date on which Plus 1 classes commenced in the said academic year.
It was contended by the said respondents that, as the petitioner was
not in the seniority list of the school concerned as on the said date,
she could not have been considered for the said post.
21. Of course, it is true that, in order to consider for
promotion, the teacher must be on the rolls of the school and a
teacher who was already deployed as on the date of occurrence of
vacancy, cannot be considered for promotion based on seniority. This
position has been clearly laid down by a Full Bench of this Court in
2025:KER:39284
and Con.Cases
Abraham A.G.'s case (supra) as contended by the learned counsel
for the 4th respondent. However, here, the question that arises is as
to when the vacancy of H.S.S.T (Junior) consequent to the retirement
of Sri.K.A.Joy arose. In this regard, the specific case of the petitioner
is that, the said vacancy arose immediately on the retirement of the
said person and the fact that, by virtue of statutory stipulations, the
filling up of the vacancy got adjourned, cannot be a reason not to
consider the date of occurrence of vacancy as the relevant date for
the purpose of qualifications. The learned Senior Counsel for the
petitioner places reliance upon the decisions rendered by the Hon'ble
Supreme Court in Smitha Johny v. Josny Varghese and Others
[(2010) 13 SCC 414], Padmanabhan Nair v. Dy. Director
[1991(1) KLT 337 (F.B.), Manager , Chentrappinni Secondary
School and another v. State of Kerala and Others [2009(2)
KLT 636] and Manju v. State of Kerala [2005(1) KLT SN 98
(C.No.122) wherein, it was held that a person qualified on the date
of occurrence of vacancy which occurs immediately on the vacation of
office of the incumbent, is the person eligible to be appointed in the
said vacancy. On carefully going through the observations made in
the aforesaid decisions, I find considerable merits in the submissions
2025:KER:39284
and Con.Cases
made by the learned Senior Counsel for the petitioner. In Smitha
Johny's case (supra), the Hon'ble Supreme Court dealt with a similar
situation and held that merely because, a person is senior to the
other, the promotion cannot be granted unless the person concerned
was qualified as on the date of occurrence of vacancy. Similarly, this
Court in Chentrappinni Secondary School's case (supra)
considered the question of postponement of vacancy on account of
the statutory stipulations. After considering Rule 7 Chapter XIV of
KER, the following observations were made by this Court in the said
judgment:
"As noted already, going by R.7A of Chapter XIVA KER the
manager could not have filled up the vacancy which arose on
31/03/2005, from 01/04/2005. In fact, Note 2 to R.51A also
will have to be complied with by the Manager. Thus, even
though the filling up of the vacancy is postponed, importance is
there only to the date of occurrence of vacancy while
considering the qualification and the eligibility. Otherwise, it will
be an uncertain and indefinite criteria which may crop up while
determining the respective rights of the claimants. The law
should be definite and such definiteness, if applied, then the
date of occurrence of the vacancy is the safe and relevant
criteria to determine the title to get appointment. If it depends
upon the date on which it is filled up, that will be an indefinite
and an arbitrary criteria. There can be a situation wherein
different claimants may be trying to enforce their right to the
very same vacancy. In that view of the matter, going by the
amendment dated 25/06/2005, the 4th respondent gets a right
to get appointment in a vacancy to a teaching post which arises
only from that date. Admittedly, the vacancy herein arose with
effect from 01/04/2005. In that view of the matter, she will be
entitled for appointment only for an appointment as HSA in a
vacancy which arose subsequent to 25/06/2005."
2025:KER:39284
and Con.Cases
In Ext.P8, i.e the decision in Manju's case (supra), the position of
law in this regard was reiterated by holding that, mere postponement
of filling up of the vacancy will not change the criteria regarding the
qualification to be applied and it has to be as on the date of
occurrence of vacancy. In this case, admittedly, the vacancy arose
consequent to the retirement of Sri. K.A.Joy and the deployment of
the petitioner as per Ext.P6 was on 25.8.2022 with effect from
15.7.2022. Since the retirement was admittedly on 31.3.2022, the
said vacancy arose prior to 15.7.2022 and evidently, as on the said
date, the petitioner was on the rolls of the school. Therefore, the
deployment of the petitioner, as evidenced by Ext.P6, cannot have
any impact on the right of the petitioner to be considered for
promotion as HSST (Junior) as against the retirement vacancy of Sri.
K.A. Joy.
22. Another contention raised by the Government as well as the
party respondents is that, the petitioner does not possess the
requisite qualification. This contention is raised mainly on the ground
that the petitioner had obtained B.Ed. qualification from Dakshin
Bharat Hindi Prachar Sabha and it is not a degree acquired after a
2025:KER:39284
and Con.Cases
regular course of study from any of the Universities in Kerala. It was
pointed out that, the same was not recognized by the Government or
University, which is one of the requirements contemplated under Rule
6 of Chapter XXXII of the KER. However, on carefully going through
the contents of Rule 6, it can be seen that in addition to the B.Ed
qualification acquired after a regular course of study from any of the
Universities in Kerala, a qualification recognized as equivalent there
to by a University in Kerala, can also be treated as eligible
qualification. In this regard, the learned Senior Counsel referred to
Ext.P9 to P13 Government Orders where the B.Ed.degree of Dakshin
Bharat Hindi Prachar Sabha was treated as a degree equivalent to
B.A. Degree awarded by the Universities. Apart from the above,
Ext.P18 eligibility certificate issued by the Mahatma Gandhi
University, and the Ext.P19 certificate issued by Kannur University
were also relied on to show that the degree obtained by the petitioner
from Dakshin Bharat Hindi Prachar Sabha is recognised by the
respective Universities. In the light of the aforesaid documents, I find
that, the contentions raised by the respondents with regard to B.Ed.
degree obtained by the petitioner are also not sustainable as she is
having B.Ed degree equivalent to a degree acquired after a regular
2025:KER:39284
and Con.Cases
course of study from any of the Universities in Kerala. Thus, on going
through the entire materials placed on record and examining the
contentions raised by all the parties, the following conclusions are
arrived at by this Court:
i) The petitioner in WP(C)No.31713/2022 was the only
candidate with necessary qualifications to be considered for the
appointment of H.S.S.T (Junior) as against the retirement vacancy of
Sri. K.A.Joy
ii) Therefore, the petitioner should have been appointed in
the said vacancy and the appointment given to the 5 th respondent
was not legally sustainable.
iii) Since the petitioner was to be appointed in the retirement
vacancy of Sri.K.A.Joy, when the vacancy of HST (English) arose
consequent to the retirement of Sri. P.D. Jose, with effect from
14.7.2023, it should have been granted to the petitioner and it is
declared so.
iv) The petitioner in WP(C)No.39320/2022 and
WP(C)No.27229/2023 is not eligible to claim any by transfer
appointment to the post of H.S.S.T (Junior), as against the vacancy
arose in the schools under the 4th respondent, so long as there are
2025:KER:39284
and Con.Cases
eligible HSSTs to be considered for the said post. In such
circumstances, WP(C)No.39320/2022 and WP(C)No.27229/2023 are
dismissed.
v) WP(C)No.31713/2022 is disposed of setting aside Ext.P15
with a direction to the 4th respondent to appoint the petitioner as
H.S.S.T (Junior) Economics with effect from 01.06.2022 as she is
having better claim over the 5 th respondent. There shall also be a
direction to the 4th respondent, to appoint the petitioner as H.S.S.T
Junior (Economics) with effect from 15.7.2023. It is clarified that, the
appointment of the petitioner with retrospective effect shall be
notional, without any claim for monetary benefits. Such appointment
orders shall be issued within a period of one month from the date of
receipt of a copy of this judgment and thereupon the 2 nd respondent
shall approve the said appointments.
vi) As far as the 5th respondent is concerned, he shall be
entitled to be appointed as H.S.S.T (Junior) with effect from
15.07.2023 in the promotion vacancy of the petitioner, consequent to
the directions issued above. Orders in this regard shall be issued by
the 4th respondent within a period of one month from the date of
receipt of a copy of this judgment and the same shall be approved by
2025:KER:39284
and Con.Cases
the 2nd respondent within a period of two months from the date of
receipt of a copy of the appointment order.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
2025:KER:39284
and Con.Cases
APPENDIX OF WP(C) 31713/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER DATED 02.06.2004
ISSUED BY THE 4TH RESPONDENT APPOINTING THE
PETITIONER AS L.P.S.A. IN THE
M.S.L.P.SCHOOL, KEERAMPARA.
EXHIBIT P2 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER
DATED 13.06.2011 ISSUED BY THE 4TH
RESPONDENT APPOINTING THE PETITIONER AS
H.S.A. (SOCIAL SCIENCE) IN S.S.G.H.S.,
KEERAMPARA.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PROCEEDINGS NO.
B3/2687/18/ K.DIS. DATED 03.08.2018 ISSUED
BY THE D. E.O., KOTHAMANGALAM APPROVING THE
APPOINTMENT OF THE PETITIONER WITH EFFECT
FROM 01.10.2011.
EXHIBIT P4 TRUE PHOTOCOPY OF THE M.A. DEGREE
CERTIFICATE AWARDED BY MADHURAI KAMARAJ
UNIVERSITY DATED 08.04.2015.
EXHIBIT P5 TRUE PHOTOCOPY OF THE B.ED. DEGREE
CERTIFICATE AWARDED BY DAKSHINA BHARAT HINDI
PRACHAR SABHA DATED 27.01.2010.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022
DEPLOYING THE PETITIONER FROM PROTECTION.
EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED
08.08.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R-4(A) TRUE COPY OF SENIORITY LIST OF THE STAFFS OF
THE SCHOOL AS ON 01.01.2020
EXHIBIT R-4(B) TRUE COPY OF THE LETTER OF THE PRINCIPAL OF
THE SCHOOL STATING THAT 1ST YEAR PLUS ONE
CLASSES DURING 2022-23 ACADEMIC YEAR WAS
COMMENCED ON 25.08.2022
EXHIBIT R-4(C) TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS.B3/45425/2022 DATED 27.08.2022
EXHIBIT R-4(D) TRUE COPY OF THE LETTER NO.
335/T2/2018/G.EDN DATED 25.02.2019
EXHIBIT R-4(E) TRUE COPY OF THE DECISION REPORTED IN
2009(3) KHC 557 (FB) DATED 29.07.2009
(ABRAHAM A.G AND OTHERS V. STATE OF KERALA
2025:KER:39284
and Con.Cases
AND OTHERS)
EXHIBIT R-4(F) TRUE COPY OF CIRCULAR NO.
ACD.A4/185530/2020/HSE DATED 24.05.2022
EXHIBIT R-4(G) TRUE COPY OF DECISION IN 1981 KHC 148 DATED
03.06.1981 (VARGHESE AND OTHERS V. STATE OF
KERALA AND OTHERS)
PETITIONER EXHIBITS
EXHIBIT P8 TRUE COPY OF THE DECISION REPORTED IN 2005
(1) KLT SN 98.
EXHIBIT P9 TRUE COPY OF THE G.O.(MS) NO. 71/88/G.EDN.
DATED 23.03.1988 ISSUED BY THE GOVERNMENT
EXHIBIT P10 TRUE COPY OF THE LETTER NO.
AII(1)11462/2002/GW DATED 03.08.2002 SENT BY
THE PSC.
EXHIBIT P11 TRUE COPY OF THE G.O.(RT.) NO.
2169/2013/H.EDN. DATED 31.10.2013 ISSUED BY
THE GOVERNMENT.
EXHIBIT P12 TRUE COPY OF THE G.O.(RT.) NO.
1655/2018/HEDN DATED 06.09.2018 EXTENDING
THE RECOGNITION GRANTED AS PER EXT.P11
EXHIBIT P13 TRUE COPY OF THE G.O.(RT.) NO.
1600/2021/HEDN DATED 30.11.2021 ISSUED BY
THE 1ST RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R-4 (H) TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER DATED 20.02.2023
EXHIBIT R-4(I) TRUE COPY OF THE DECISION REPORTED IN 2005
KHC 823 DATED 27.05.2005
PETITIONER EXHIBITS
EXHIBIT P14 TRUE COPY OF THE ORDER NO. 23(T)/2023-24
DATED 15.07.2023 NULLIFYING THE APPOINTMENT
OF THE PETITIONER AS HSST (ECONOMICS).
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 15.07.2023
APPOINTING HR 5TH RESPONDENT AS HSST
(ECONOMICS) WITH EFFECT FROM 15.07.2023.
EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS DATED
15.07.2023 APPOINTING THE PETITIONER AS HSST
(JUNIOR) ECONOMICS WITH EFFECT FROM
15.07.2023.
EXHIBIT P17 TRUE COPY OF THE APPOINTMENT ORDER DATED
15.07.2023 ISSUED TO THE PETITIONER.
RESPONDENT EXHIBITS
2025:KER:39284
and Con.Cases
EXHIBIT R3(A) TRUE COPY OF THE LR.NO.234/T2/2019/GEDN OF
GENERAL EDUCATION DPT. DATED 12.07.2019.
EXHIBIT R3(B) TRUE COPY OF THE LR.NO.335/T2/2018/GEDN
DATED 22/05/2019.
EXT.R5(2) TRUE COPY OF THE APPOINTMENT ORDER DATED
28.09.2022 ISSUED BY THE 4TH RESPONDENT
EXT.R5(3) TRUE COPY OF THE LETTER NO.
335/P2/2018/G.EDN DATED 22.05.2019 ISSUED BY
THE 1ST RESPONDENT TO THE 2ND RESPONDENT
EXT.R5(4) TRUE COPY OF THE CIRCULAR NO.
ACD.A4/185530/2020/HSD DATED 24.05.2022
ISSUED BY THE 2ND RESPONDENT
EXT.R5(1) COPY OF THE SENIORITY LIST PUBLISHED AS ON
01.01.2020 BY THE 4TH RESPONDENT
PETITIONER EXHIBITS
EXHIBIT P18 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 12.02.2023 ISSUED BY THE MAHATMA
GANDHI UNIVERSITY CERTIFYING THAT THE DEGREE
OF BACHELOR OF EDUCATION AWARDED BY THE
DAKSHINA BHARAT HINDI PRACHAR SABHA, TAMIL
NADU TO THE PETITIONER IS RECOGNIZED BY THE
MAHATMA GANDHI UNIVERSITY.
EXHIBIT P19 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 05.05 2023 AWARDED BY THE KANNUR
UNIVERSITY CERTIFYING THAT THE DEGREE OF
BACHELOR OF EDUCATION AWARDED BY THE
DAKSHINA BHARAT HINDI PRACHAR SABHA, TAMIL
NADU TO THE PETITIONER IS RECOGNIZED BY THE
KANNUR UNIVERSITY.
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION NO. AC-A1-
3/305/86(3)/ DATED 16.10.1986 ISSUED BY THE
UNIVERSITY.
2025:KER:39284
and Con.Cases
APPENDIX OF WP(C) 39320/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DT: 01-06-2009.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF STAFF OF
ST. STEPHENS EDUCATIONAL AGENCY AS ON 01-01-
2020 .
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER DT: 28-05-2022 FOR THE POST
OF HSST JR. ECONOMICS.
EXHIBIT P4 TRUE COPY OF THE ORDER DT. 07-10-2022 IN
WP(C) 21 31713/202.
EXHIBIT P5 TRUE COPY OF THE PETITIONER'S B.ED DEGREE
CERTIFICATE DT: 02-10-2010 .
EXHIBIT P5 A TRUE COPY OF THE MA DEGREE CERTIFICATE DT.
17-22011 OF THE PETITIONER .
EXHIBIT P5 B TRUE COPY OF THE STATE ELIGIBILITY TEST
CERTIFICATE DT: 30-09-2015 OF THE PETITIONER
.
EXHIBIT P6 TRUE COPY OF THE LETTER DT: 02-08-2022 OF
R4, MANAGER .
EXHIBIT P6 A TRUE COPY OF THE REPLY DT: 24-09-2022 OF THE
RDD.
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
PETITIONER TO RDD (WITHOUT ENCLOSURES) DT:
29-07-2022 UNDER RTI ACT 3 16.
EXHIBIT P7 A TRUE COPY OF THE RTI REPLY DT: 01-09-2022 OF
RDD .
EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER H.
2/4/22/ G.EDN. DT. 28-5-2022.
EXHIBIT P9 TRUE COPY OF THE G.O.(P).NO. 2/2009/G.EDN.
DT. 5-1- 2009.
RESPONDENT EXHIBITS
EXHIBIT R6(A) TRUE COPY OF THE ORDER DATED 02.06.2004
ISSUED BY THE 4TH RESPONDENT.
PETITIONER EXHIBITS
EXHIBIT P10 TRUE COPY OF THE G.O.(MS).NO. 16/2010/G.
EDN. DT.18.01.2010.
RESPONDENT EXHIBITS
EXHIBIT R6(B) TRUE COPY OF THE APPOINTMENT ORDER DATED
2025:KER:39284
and Con.Cases
13.06.2011 ISSUED BY THE 4TH RESPONDENT
ALONG WITH TYPED COPY
EXHIBIT R6(C) TRUE COPY OF THE PROCEEDINGS NO.
B3/2687/18/K.DIS. DATED 03.08.2018.
EXHIBIT R6(D) TRUE COPY OF THE M.A. DEGREE CERTIFICATE
AWARDED BY MADHURAI KAMARAJ UNIVERSITY TO
THE 6TH RESPONDENT.
EXHIBIT R6(E) TRUE COPY OF THE B.ED. DEGREE CERTIFICATE
DATED 27.01.2010 AWARDED BY DAKSHINA BHARAT
HINDI PRACHAR SABHA TO THE 6TH RESPONDENT.
EXHIBIT R6(F) TRUE COPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022.
EXHIBIT R6(G) TRUE COPY OF THE REPRESENTATION DATED
08.08.2022 SUBMITTED BY THE 6TH RESPONDENT
BEFORE THE 3RD RESPONDENT.
EXHIBIT R6(H) TRUE COPY OF THE ORDER NO. 23 (T)/2023-24
DATED 15.07.2023 ISSUED BY THE 4TH
RESPONDENT NULLIFYING THE APPOINTMENT OF THE
6TH RESPONDENT AS HSST (ECONOMICS).
EXHIBIT R6(I) TRUE COPY OF THE ORDER DATED 15.07.2023
APPOINTING THE 4TH RESPONDENT AS HSST
(ECONOMICS) WITH EFFECT FROM 15.07.2023
ALONG WITH TYPED COPY
EXHIBIT R6(J) TRUE COPY OF THE PROCEEDINGS DATED
15.07.2023 APPOINTING THE 6TH RESPONDENT AS
HSST (JUNIOR) ECONOMICS WITH EFFECT FROM
15.07.2023.
EXHIBIT R6(K) TRUE COPY OF THE APPOINTMENT ORDER DATED
15.07.2023 ISSUED TO THE 6TH RESPONDENT
ALONG WITH TYPED COPY
PETITIONER EXHIBITS
EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO. ACD.
A4/185530/2020/HSE DATED 24-5-2022.
EXHIBIT P12 A TRUE COPY OF THE STAFF FIXATION ORDER
DATED 27-08-2022 IN RESPECT OF SSGHS
KEERAMPARA.
EXHIBIT P13 TRUE COPY OF G.O.(MS) NO. 220/2022/GEDN DT.
02-12-2022.
EXHIBIT P14 A TRUE COPY OF THIS LETTER NO. ACD.
C1/83353/2017/H.S.E DATED 31-10-2017 OF THE
DIRECTOR, HIGHER SECONDARY EDUCATION.
2025:KER:39284
and Con.Cases
APPENDIX OF WP(C) 27229/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DT: 01-06-2009.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF STAFF OF
ST. STEPHENS EDUCATIONAL AGENCY AS ON 01-01-
2020.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER DT: 28-05-2022.
EXHIBIT P4 TRUE COPY OF THE ORDER DT. 07-10-2022 IN
WP(C).NO. 31713/2022.
EXHIBIT P4(A) TRUE COPY OF THE ORDER DT. 06-12-2022 IN
WP(C).NO. 39320 /2022.
EXHIBIT P5 TRUE COPY OF THE B.ED DEGREE CERTIFICATE DT:
02-02-2010 OF THE PETITIONER.
EXHIBIT P5(A) TRUE COPY OF THE MA DEGREE CERTIFICATE DT.
17-2-2011 OF THE PETITIONER.
EXHIBIT P5(B) TRUE COPY OF THE STATE ELIGIBILITY TEST
CERTIFICATE DT: 30-09-2015 OF THE
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LETTER DT: 02-08-2022 OF R4
MANAGER.
EXHIBIT P6(A) TRUE COPY OF THE REPLY DT: 24-09-2022 OF THE
RDD.
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
PETITIONER TO RDD DT: 29-07-2022 UNDER RTI
ACT.
EXHIBIT P7(A) TRUE COPY OF THE REPLY DT: 01-09-2022 OF RDD
(WITHOUT ENCLOSURES).
EXHIBIT P8 TRUE COPY OF THE REQUEST DT. 31-5-2023 GIVEN
BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER DT. 15-07-2023
APPOINTING THE 5TH RESPONDENT, SHRI. BIJU
JOSE GEORGE, AS HSST (ECONOMICS) W.E.F. 15-
07-2023.
EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DT. 15-07-2023
APPOINTING THE 6TH RESPONDENT, SMT. BELJA
JOSE, AS HSST (JUNIOR) ECONOMICS W.E.F. 15-
07-2023.
EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER DT. 15-
07-2023 ISSUED TO THE 6TH RESPONDENT SMT.
BELJA JOSE AS HSST (JUNIOR) ECONOMICS.
EXHIBIT P12 TRUE COPY OF THE ORDER DT. 25-7-2023 ISSUED
2025:KER:39284
and Con.Cases
BY THE 3RD RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DT. 30-7-
2023 GIVEN TO THE 3RD RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE GOVERNMENT LETTER H.
2/4/22/ G.EDN. DT. 28-5-2022 BY WHICH K-TET
QUALIFICATION IS MADE COMPULSORY FOR
APPOINTMENTS TO TEACHING POSTS EVEN FOR
COMPASSIONATE APPOINTMENTS.
EXHIBIT P15 TRUE COPY OF THE G.O.(P).NO. 2/2009/G.EDN.
DT. 5-1-2009 BY WHICH THE EXEMPTION FROM
B.ED (ENGLISH) GRANTED FOR HSA (ENGLISH)
APPOINTMENTS IS WITHDRAWN.
EXHIBIT P16 TRUE COPY OF THE G.O.(MS).NO. 16/2010/G.
EDN. DT. 18-1-2010 BY WHICH EXEMPTION FROM
TEST QUALIFICATION GRANTED TO CLERKS IN
AIDED SCHOOLS IS WITHDRAWN.
RESPONDENT EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE LETTER NO. 234/T2/2019/GEDN
DATED. 12.7.19
EXHIBIT R6(A) TRUE COPY OF THE ORDER DATED 02.06.2004
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT R6(C) TRUE COPY OF THE PROCEEDINGS NO.
B3/2687/18/K.DIS. DATED 03.08.2018.
EXHIBIT R6(D) TRUE COPY OF THE M.A. DEGREE CERTIFICATE
DATED 08.04.2015 AWARDED BY MADHURAI KAMARAJ
UNIVERSITY TO THE 6TH RESPONDENT.
EXHIBIT R6(E) TRUE COPY OF THE B.ED. DEGREE CERTIFICATE
DATED 27.01.2010 AWARDED BY DAKSHINA BHARAT
HINDI PRACHAR SABHA TO THE 6TH RESPONDENT.
EXHIBIT R6(F) TRUE COPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022.
EXHIBIT R6(G) TRUE COPY OF THE REPRESENTATION DATED
08.08.2022 SUBMITTED BY THE 6TH RESPONDENT
BEFORE THE 3RD RESPONDENT.
EXHIBIT R6(H) TRUE COPY OF THE ORDER NO. 23 (T)/2023-24
DATED 15.07.2023 ISSUED BY THE 4TH
RESPONDENT NULLIFYING THE APPOINTMENT OF THE
6TH RESPONDENT AS HSST (ECONOMICS).
EXHIBIT R6(J) TRUE COPY OF THE PROCEEDINGS DATED
15.07.2023 APPOINTING THE 6TH RESPONDENT AS
HSST (JUNIOR) ECONOMICS WITH EFFECT FROM
15.07.2023.
EXHIBIT R6(B) TRUE COPY OF THE APPOINTMENT ORDER DATED
13.06.2011 ISSUED BY THE 4TH RESPONDENT.
2025:KER:39284
and Con.Cases
EXHIBIT R6(I) TRUE COPY OF THE ORDER DATED 15.07.2023
APPOINTING THE 4TH RESPONDENT AS HSST
(ECONOMICS) WITH EFFECT FROM 15.07.2023.
EXHIBIT R6(K) TRUE COPY OF THE APPOINTMENT ORDER DATED
15.07.2023 ISSUED TO THE 6TH RESPONDENT.
PETITIONER EXHIBITS
EXHIBIT P17 TRUE COPY OF THE CIRCULAR NO. ACD.
A4/185530/2020/HSE DATED 24-5-2022.
EXHIBIT P18 A TRUE COPY OF THE STAFF FIXATION ORDER
DATED 27-08-2022 IN RESPECT OF SSGHS
KEERAMPARA.
EXHIBIT P19 TRUE COPY OF G.O.(MS) NO. 220/2022/GEDN DT.
02-12-2022.
EXHIBIT P20 A TRUE COPY OF THIS LETTER NO. ACD.
C1/83353/2017/H.S.E DATED 31-10-2017 OF THE
DIRECTOR, HIGHER SECONDARY EDUCATION.
EXHIBIT P21 TRUE COPY OF THE CLARIFICATORY ORDER NO:
J.A2/192/2024- GEN. EDN DT: 09-11-2024
ISSUED BY THE 1ST RESPONDENT TO THE 2ND
RESPONDENT.
