Kerala High Court
Ayisha Jubna P vs The State Of Kerala on 6 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:18951
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 8485 OF 2025
PETITIONER:
AYISHA JUBNA P.,
AGED 30 YEARS,
W/O JERSHATH HST (MATHS),
P.M.S.A.P.T.S.V.HS.S,
KAIKOTTUKADAVU, ELAMBACHI P.O,
KASARGODE DISTRICT - 671 311
(RESIDING AT BISMI HOUSE, THAYINERI,
PAYYANNUR, KANNUR DISTRICT),
PIN - 670307.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY,THIRUVANANTHAPURAM,
PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
VIDYANAGAR, KASARGODE DISTRICT,
PIN - 671123
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W.P.(C) No.8485/2025
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4 THE DISTRICT EDUCATIONAL OFFICER,
MINI CIVIL STATION, KANHANGAD,
KASARGODE DISTRICT, PIN - 671315
5 THE MANAGER,
P.M.S.A.P.T.S.V.HS.S,
KAIKOTTUKADAVU, ELAMBACHI P.O,
KASARGODE DISTRICT, PIN - 671311
BY ADV.
SMT.ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.8485/2025
:3:
JUDGMENT
Dated this the 6th day of March, 2025
The petitioner was appointed in the School as HSA
(Mathematics) from 03.06.2024. Approval to Ext.P1 was
however declined by the District Educational Officer as well as
the Deputy Director of Education. At this, the Manager moved
Revision Appeal before the Director. It is submitted that the
petitioner was appointed against a sanctioned post from
2022-2023 onwards. As born out from Ext.P1, it is not an
appointment as against an additional post sanctioned in
2024-2025.
2. The post in which the petitioner was appointed
was continuing for three year since its sanction. Thus it is not an
additional post for the academic year 2024-2025. What is stated
in Exts.P2 and P3 to decline approval to Ext.P1 is that the
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Manager did not comply with the requirement of 1:1 ratio in the
matter of appointment of protected hand as against additional
post. The Manager has set apart number of vacancies for the
appointment of protected hands in the School and intimated the
same to the Deputy Director of Education so as to receive such
incumbents from the Teachers bank and that the 3 rd respondent
has all along failed to make available protected hands. It is the
definite case of the petitioner that there is no HSA
(Mathematics) in Kasaragod District for deployment in the 5 th
Respondent's School. In such circumstances, the petitioner is
entitled to get approval to her appointment covered by Ext.P1.
3. The petitioner states that the authority of the
Government under Rule 92 has not been wiped out by Ext.P7. It
was issued only to categorize and distribute the files relating to
Staff Fixation Orders, Appointment Orders etc., internally within
the Secretariat. Ext.P7 cannot in any event undo Rule 92
Chapter XIVA KER. Therefore, the petitioner moved the
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Government with Revision Petition dated 22.02.2025 as against
Ext.P3, seeking approval to Ext.P1. There are no other
claimants for the post of HST (Mathematics) in which the
petitioner was appointed. As stated, the posts are available as
could be seen from the Staff Fixation Orders produced. The
management has set apart vacancies for protected Teachers as
well as for differently abled hands. In the circumstances, the
Educational Officers are not justified in having been declined
approval to the appointment of the petitioner covered by Ext.P1.
4. The counsel for the petitioner states that the
petitioner is continuing in service discharging the duties of HST
(Mathematics) since Ext.P1. There is no case that the petitioner
is not qualified for the post in which she was appointed.
However, she is not paid for want of approval. There is no case
that there is no sanctioned post to continue the petitioner,
contends the counsel for the petitioner.
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5. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing the
respondents.
6. The petitioner was appointed as HSA
(Mathematics) from 03.06.2024. It is the contention of the
petitioner that no protected Teacher is available in the subject
HSA (mathematics) on 03.06.2024 and therefore there is no
reason for denying the approval of the appointment of the
petitioner.
7. The petitioner has preferred Ext.P9 Revision
Petition in this regard before the Secretary to the General
Education Department. In the circumstances of the case, I am
of the view that the writ petition can be disposed of directing the
1st respondent to consider Ext.P9 Revision Petition and pass
appropriate orders within a reasonable time.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P9 Revision Petition and pass
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appropriate orders thereon within a period of four months after
giving opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:18951
APPENDIX OF WP(C) 8485/2025
PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER
Exhibit P-2 TRUE COPY OF THE ORDER OF THE DISTRICT
EDUCATIONAL OFFICER, KANHANGAD VIDE
NO.B5/734540/2024/DEOKHD DATED
07.10.2024
Exhibit P-3 TRUE COPY OF THE ORDER OF THE DEPUTY
DIRECTOR OF EDUCATION, KASARGODE VIDE
NO.B1/789340/2024 DATED 01.01.2025
Exhibit P-4 TRUE COPY OF THE REVISION APPEAL
SUBMITTED BY THE PETITIONER BEFORE THE
DIRECTOR DATED 22.01.2025
Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2022-23 VIDE
NO.B5/48529/2022 DATED 20.08.2022 OF THE
DISTRICT EDUCATIONAL OFFICER, KANHANGAD
Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN
2017 KHC 945 (MANAGER, A M HIGHER
SECONDARY SCHOOL, VENGOOR AND OTHERS V.
STATE OF KERALA AND OTHERS) DATED
11.10.2017
Exhibit P-7 TRUE COPY OF THE G.O.
(MS).NO.54/2024/GEDN DATED 01/06/2024
Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN
1987 (1) KLT 472 (DB) = 1987 KHC 145
(RAVINDRA BABU V. STATE OF KERALA) DATED
17.02.1987
Exhibit P-9 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 22.02.2025.
