Kerala High Court
Subairabi .P vs The State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 39300 OF 2024
PETITIONER:
RAJASHREE A.V
AGED 51 YEARS, S/O PRADEEP M.K.,
HIGHER SECONDARY SCHOOL TEACHER IN SOCIOLOGY,
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM DISTRICT,
PIN - 676505.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
FAIRUZ M.
ASWATHY N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
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2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
(HIGHER SECONDARY WING),
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM,
PIN - 695001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
CIVIL STATION, MALAPPURAM,
PIN - 676519.
4 MANAGER,
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM, PIN - 676505.
5 SUBAIRABI P
HIGH SCHOOL TEACHER(SOCIAL SCIENCE),
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM, PIN - 676505.
BY ADVS.
SMT.ANIMA, GOVERNMENT PLEADER
SRI.V.A MUHAMMED
SRI.M.SAJJAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 24.03.2025, ALONG WITH WP(C).9315/2025, THE
COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 9315 OF 2025
PETITIONER:
SUBAIRABI .P
AGED 51 YEARS, W/O.MOIDEEN,
HSST (SOCIOLOGY), MSP HIGHER SECONDARY SCHOOL ,
MALAPPURAM DISTRICT-676 505.
(RESIDING AT KARUVALLY PATHIKKAD,
PADAPPARAMBA, PADAPPARAMBA, P.O.,
MALAPPURAM DISTRICT),
PIN - 676507.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
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SECRETARIAT ANNEXE - II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION
CIVIL STATION, MALAPPURAM DISTRICT,
PIN - 676519.
3 THE DISTRICT EDUCATIONAL OFFICER
UP HILL, MALAPPURAM DISTRICT,
PIN - 676505.
4 THE MANAGER
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM DISTRICT,
PIN - 676505.
5 THE PRINCIPAL
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM DISTRICT, PIN - 676505.
6 THE HEADMASTER/VICE-PRINCIPAL
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM DISTRICT,
PIN - 676505.
7 SMT. A.V.RAJASREE
HSA (NATURAL SCIENCE)
MSP HIGHER SECONDARY SCHOOL,
MALAPPURAM DISTRICT,
PIN - 676505.
BY ADV.
SMT.ANIMA M,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 24.03.2025, ALONG WITH WP(C).39300/2024, THE
COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 13th day of May, 2025
These two writ petitions are based on same set of
facts and give rise to same questions of law. They are
therefore heard and disposed of by this common judgment.
Parties and exhibits are referred to in this judgment as they
are described and marked in WP(C) No.39300/2024, unless
otherwise specified.
2. The petitioner joined service as HSA
(Natural Science) in the School managed by the 4 th
respondent on 06.06.2001. The appointment was approved.
Later, she was appointed as HSST (Sociology) by-transfer,
on 15.07.2021 as per Ext.P1. The petitioner states that the
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5th respondent was appointed as UPST on 04.09.1993. She
was promoted as HST (Social Science) only on 16.07.2007.
3. The 5th respondent objected to the
appointment of the petitioner as HSST. Thereupon, the 3 rd
respondent-Deputy Director issued Ext.P3 order dated
29.10.2021 rejecting the claim of the 5th respondent, holding
that the petitioner is senior in the category of HST. The 5 th
respondent challenged Ext.P3 order, before the Government.
The Government passed Ext.P5 order dated 26.03.2022
rejecting the claim of the 5th respondent.
4. Thereafter, the 5th respondent filed WP(C)
No.13762/2022 challenging Ext.P5. This Court directed the
Government to take a decision on the claim of the 5 th
respondent in the light of the observation made in Ext.P6
judgment. To the surprise of the petitioner, the Government
issued Ext.P7 order dated 01.11.2024 directing to appoint the
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5th respondent as HSST. In Ext.P7, it was stated that both the
petitioner and the 5th respondent are not possessing B.Ed.
Degree in the subject concerned and the 5th respondent
possesses B.Ed. Degree in Social Science which is in the
same faculty as Sociology, whereas the petitioner's B.Ed.
Degree is in Natural Science which is not in the same faculty.
5. The petitioner states that the fact that the
5th respondent's B.Ed. Degree is in the same faculty cannot
be a ground to supersede the petitioner for appointment by
transfer as HSST, ignoring her seniority. Ext.P7 is against the
law laid down in Valsala Kumari Devi v. Director, Higher
Secondary Education and others [2007 (4) KLT 494]. The
petitioner, therefore, seeks to set aside Ext.P7.
6. WP(C) No.9315/2025 has been filed by the
5th respondent in WP(C) No.39300/2025. Pursuant to Ext.P7
order in WP(C) No.39300/2024, the 5 th respondent was
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appointed as HSST as per an order dated 20.11.2024
(Ext.P8 in WP(C) No.9315/2025). The 5 th respondent seeks
to direct the 3rd respondent-DEO to approve the by-transfer
appointment of the 5th respondent as HSST as per the said
Ext.P8 order. The 5th respondent submits that the legal issue
involved is decided by the inter-party judgment in WP(C)
No.13762/2022 and the order impugned by the petitioner is
only a consequential order. As long as the judgment in
WP(C) No.13762/2022 is not subjected to challenge, Ext.P7
cannot be impugned.
7. I have heard the learned counsel for the
petitioners in both the writ petitions and the learned
Government Pleader representing the respondents.
8. The petitioner was appointed as HSA
(Natural Science), on 06.06.2001 as per Ext.P1. The 5 th
respondent was appointed as HST (Social Science) on
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16.07.2007. When a vacancy of HSST (Sociology) arose, the
petitioner was appointed as HSST (Sociology) by-transfer on
15.07.2021 as per Ext.P1, since the petitioner was senior in
the category of HST. Though the 5th respondent took up the
matter before the Deputy Director and the Government, both
the authorities initially upheld the appointment granted to the
petitioner as HSST as per Ext.P3 and Ext.P5, stating that she
is senior to the 5th respondent.
9. The 5th respondent, thereupon, filed WP(C)
No.13762/2022. This Court disposed of the said writ petition
as per Ext.P6 judgment, observing as follows:-
6. As per Chapter V of the Kerala
University First Ordinance, 1978, the faculty of
Social Science includes Sociology, whereas the
faculty of the B.Ed Natural Science is not included in
the faculty of Science. As per the Rules, the
equivalency from any one of the Universities will be
sufficient, and under such circumstances, the
petitioner's claims ought to have been considered,
taking note of the fact that Sociology is a subject
coming within the Faculty of Social Science and
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going by the Rules extracted above the petitioner's
claims ought to have been considered when it is
stated that the B.Ed of the sixth respondent is not in
the concerned subject. It is only in cases where both
Teachers did not have a B.Ed in the concerned
subject will the claim arise under the second
alternative. The Government counter also proceeds
on the basis that the sixth respondent is senior to
the petitioner. There is no reference to the
qualification fixed, though it is conceded that the
petitioner has a B.Ed (Social Science), which is a
faculty of Sociology, whereas there is no finding that
the sixth respondent has a B.Ed in the concerned
subject. The appointment of the sixth respondent
cannot be considered solely on the basis of
seniority. Under such circumstances, the impugned
orders cannot be sustained, and it is only to be
quashed.
Holding so, this Court directed the Government to take a
decision on the claims of the 5th respondent.
10. The Government heard the petitioner and
the 5th respondent. The Government noted that as per Rule
6.2.28 Chapter XXXII of the KER, the qualification
prescribed for appointment as HSST Sociology is Masters
Degree in the concerned subject, B.Ed. in the concerned
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subject and pass in the SET. In the absence of candidates
having the said qualifications, candidate with Masters Degree
in concerned subject, B.Ed. in anyone of the subjects under
the concerned faculty / B.Ed. in any subject and pass in SET
can be considered.
11. The petitioner has MA (Sociology) and
B.Ed. (Natural Science). The petitioner has 10 years
Teaching Experience and need not possess SET. The 5 th
respondent has MA (Sociology), B.Ed. (Social Science) and
SET (Sociology). Sociology and Social Science are in the
same faculty.
12. The petitioner does not possess B.Ed in the
concerned subject or in the faculty concerned. On the other
hand, the 5th respondent has B.Ed. in the concerned faculty.
Therefore, the Government, as per Ext.P7, held that the 5 th
respondent is qualified and should be appointed as HSST
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(Sociology) by-transfer, in preference to the petitioner. I do
not find any illegality in the said decision.
WP(C) No.39300/2024 is therefore dismissed.
WP(C) No.9315/2025 is disposed of directing the 3 rd
respondent therein to approve the by-transfer appointment of
the 5th respondent-writ petitioner granted as per Ext.P8
therein.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 39300/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.07.2021 ISSUED BY THE 4TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
17.03.2021 IN W.P.(C)NO.6897 OF 2021
OF THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF ORDER NO.D/2260/21/RDD/
HSE/MLPM/K.DIS DATED 29.10.2021 OF THE
3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
22.11.2021 IN W.P.(C)NO.26023/2021 OF
THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF G.O.(RT)NO.2058/
2022/G.EDN DATED 26.03.2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
19.03.2024 IN W.P.(C)NO.13762/2022 OF
THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF G.O.(RT)NO.7774/2024/GEDN
DATED 01.11.2024
Exhibit P8 TRUE COPY OF THE M.A. DEGREE
CERTIFICATE OF THE PETITIONER IN
SOCIOLOGY AWARDED BY UNIVERSITY OF
CALICUT.
Exhibit P9 TRUE COPY OF THE MARK LIST OF THE
PETITIONER FOR M.A. FINAL DEGREE
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EXAMINATION OF APRIL, 2002
Exhibit P10 TRUE COPY OF THE B.ED DEGREE
CERTIFICATE OF THE PETITIONER IN
NATURAL SCIENCE AWARDED BY UNIVERSITY
OF KERALA IN NOVEMBER, 1995.
Exhibit P11 TRUE COPY OF THE ORDER NO.
D/7564/2021/RDD/ HSE/K.DIS DATED
20.10.2022 OF THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED
11.01.2023 IN W.P.(C)NO.776 OF 2023 OF
THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS
Exhibit R5 (a) TRUE COPY OF THE RELEVANT PAGES OF THE
SENIORITY LIST OF HST IN MSP HSS
MALAPPURAM AS ON 01.01.2020
Exhibit R5 (b) TRUE COPY OF THE CERTIFICATE OF M.A.
SOCIOLOGY ISSUED BY THE ANNAMALAI
UNIVERSITY TO THIS RESPONDENT DATED
04.10.2006
Exhibit R5 (c) TRUE COPY OF THE ELIGIBILITY
CERTIFICATE ISSUED BY THE UNIVERSITY
OF KERALA WITH RESPECT TO THIS
RESPONDENT DATED 25.11.2006
Exhibit R5 (d) TRUE COPY OF THE SET CERTIFICATE
ISSUED BY THE GOVERNMENT TO THIS
RESPONDENT DATED 31.10.2008
Exhibit R5 (e) TRUE COPY OF THE B.ED CERTIFICATE
ISSUED BY CALICUT UNIVERSITY DATED
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20.09.2001
Exhibit R5 (f) TRUE COPY OF THE CHAPTER V OF KERALA
UNIVERSITY FIRST ORDINANCE 1978
Exhibit R5 (g) TRUE COPY OF THE JUDGMENT REPORTED IN
2006 KHC 1128 = 2006 (4) KLT 956
Exhibit R5 (h) TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.A NO. 1508/2003
DATED 16.09.2003
Exhibit R5 (i) TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.A NO. 1092/2003
DATED 03.07.2003
Exhibit R5 (j) TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.A NO. 1112/2003
DATED 08.07.2003
Exhibit R5 (k) TRUE COPY OF THE JUDGMENT IN OP ( KAT)
NO.111 OF 2014 DATED 03.03.2017 OF
THIS HONOURABLE COURT
Exhibit R5 (l) TRUE COPY OF THE APPLICATION FOR THE
POST OF HSST(SOCIOLOGY) SUBMITTED BY
THIS RESPONDENT DATED 28.01.2019
Exhibit R5 (m) TRUE COPY OF THE REQUEST MADE BY THIS
RESPONDENT BEFORE THE MANAGER AND
COMMANDANT DATED 14.02.2019
Exhibit R5 (n) TRUE COPY OF THE NOTICE VIDE NO.G1(B)-
14294/2019/M OF THE MANAGER AND
COMMANDANT DATED 22.02.2021
Exhibit R5 (o) TRUE COPY OF THE JUDGMENT IN
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W.P.C.NO.21194 OF 2019 DATED
22.08.2019 OF THIS HONOURABLE COURT
Exhibit R5 (p) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THIS RESPONDENT BEFORE
THE RDD HSE, MALAPPURAM DATED
02.03.2021
Exhibit R5 (q) TRUE COPY OF THE GOVERNMENT LETTER NO.
234/ T2/2019/G.EDN DATED 12.07.2019
Exhibit R5 (r) TRUE COPY ORDER NO.G1(B)-14294/2019/ M
DATED 18.11.2024
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APPENDIX OF WP(C) 9315/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE CERTIFICATE OF M.A.
SOCIOLOGY ISSUED BY THE ANNAMALAI
UNIVERSITY TO THIS RESPONDENT DATED
04.10.2006
Exhibit P-2 TRUE COPY OF THE ELIGIBILITY
CERTIFICATE ISSUED BY THE UNIVERSITY
OF KERALA RESPONDENT DATED 25.11.2006
Exhibit P-3 TRUE COPY OF THE SET CERTIFICATE
ISSUED BY THE GOVERNMENT DATED
31.10.2008
Exhibit P-4 TRUE COPY OF THE B.ED CERTIFICATE
ISSUED BY CALICUT UNIVERSITY DATED
20.09.2001
Exhibit P-5 TRUE COPY OF THE JUDGMENT IN W.P (C)
NO.13762/2022 DATED 19.3.2024
Exhibit P-6 TRUE COPY OF THE G.O (RT) NO.
7774/2024 G.EDN DATED 01.11.2024
Exhibit P-7 TRUE COPY OF THE ORDER NO.G1(B)-
14294/2019/ M DATED 18.11.2024
Exhibit P-8 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE MANAGER POSTING THE
PETITIONER AS HSST SOCIOLOGY FROM
20.11.2024
Exhibit P-9 TRUE COPY OF THE CIRCULAR NO.
23323/J1/89/G.EDN. DATED 06.11.1989
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Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO 3762/2024 DATED 31.01.2024
Exhibit P-11 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 12844/2024 DATED 01.04.2024
Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO 32084/2017 DATED 09.10.2017
Exhibit P-13 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO 33755/2016 DATED 07.12.2016
