MARIA SANE K. J v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-23. MARIA SANE K. J v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ZIYAD RAHMAN A. A. RD TUESDAY, THE 23 DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 41580 OF 2023 PETITIONER: MARIA SANE K. J AGED 47 YEARS W/O THOMAS ANTON K, UPST, ST. SEBASTIAN’S HSS, GOTHURUTH, ERNAKULAM, KOCHI – 682508. RESIDING AT KALATHIVEETIL HOUSE, OCHANTHURUTHU P O, ERNAKULAM DISTRICT. , PIN - 682 508 BY ADVS. PREEJA V. P. V. P. PRASANTH VARSHA S. DAISY A. PHILIPOSE(K/595/1995) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT ANNEX II, THIRUVANANTHAPURAM, PIN - 695 001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014 3 THE DEPUTY DIRECTOR OF EDUCATION KAKKANAD, ERNAKULAM, PIN - 682 030 4 THE DISTRICT EDUCATIONAL OFFICER ALUVA, ERNAKULAM, PIN - 683 101 5 THE CORPORATE MANAGER DIOCESE OF KOTTAPPURAM, KODUNGALLUR, THRISSUR, PIN - 680 667 W. P (C) No.
41580 of 2023 2 6 MARY K G AGED 47 YEARS W/O SHIBU, HIGH SCHOOL TEACHER (NATURAL SCIENCE) ST. SEBASTIAN’S HIGHER SECONDARY SCHOOL, GOTHURUTH, ERNAKULAM, PIN - 683516 BY ADV K. G. SAROJIN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P (C) No. 41580 of 2023 3 ZIYAD RAHMAN. A. A, J. .......................................... W. P (C) No. 41580 of 2023 .................................................... rd Dated this the 23 day of July, 2024 JUDGMENT The petitioner was appointed as the UPST on 01. 06. 2017 in th the school managed by the 5 respondent. The writ petition is submitted by the petitioner, being aggrieved by the appointment th of 6 respondent, as HST (Natural Science), by way of by- transfer appointment under Rule 43 of Chapter XIV A KER. 2. According to the petitioner, the vacancy in which the th 6 respondent was appointed arose on 13. 07.
2022, and according th to the petitioner, the 6 respondent was not qualified to be appointed as HST, in view of the fact that she lacked the qualification of KTET-III as on the date of occurrence of the vacancy. It was pointed out that, on various occasions the approval th of appointment of the 6 respondent was declined by the st authorities concerned. Ultimately, the 1 respondent, as per th Ext. P14, directed the approval of the appointment of the 6 respondent with effect from 04. 08. 2023 if it is otherwise in order, taking note of the fact that she obtained the qualification of KTET- W. P (C) No. 41580 of 2023 4 III on 04. 08. 2023. This writ petition was submitted in such circumstances. 3. A counter affidavit has been placed on record by the Government, wherein, the issuance of Ext. P14 is sought to be th th justified. Even though the notices were served on the 5 and 6 respondents , there is no appearance for the said respondents. 4. I have heard Smt. Preeja. V.
P, the learned counsel appearing for the petitioner and Smt. Sarojini, the learned Government Pleader, for the respondents 1 to 4. 5. The specific contention put forward by the learned counsel for the petitioner is that, as on the date of occurrence of th the vacancy and the appointment of the 6 respondent, she was not qualified, as she lacked KTET-III qualification. On going through th Ext. P14 order, it is evident that the 6 respondent acquired the said qualification only on 04. 08. 2023. 6. It is also discernible from the records that, the th appointment of the 6 respondent was made to the vacancy, which arose on 13. 07. 2022 on the basis of her claim under Rule 43 Chapter XIV A of KER. As per the said provision, the right to get a promotion will be accrued only if the candidate has the necessary qualifications on the date of occurrence of the vacancy. It is W. P (C) No.
41580 of 2023 5 specifically provided in Rule 43 that, “……the vacancies in any higher grade of pay shall be filled up by promotion of qualified hands in the lower grade according to seniority……. ” . Therefore, the person being considered for appointment should have the qualification on the date of occurrence of the vacancy. 7. In this case, it is evident from averments in the counter affidavit submitted by the Government that on the date of occurrence of vacancy, i. e. , 13. 07. 2022, the petitioner also had a claim under Rule 43 Chapter XIV A of KER, and she was fully th qualified for the said post. Despite the same, the 5 respondent th appointed the 6 respondent against the said vacancy, even though she was not having KTET-III qualification, which is one of the essential requirements. In such circumstances, the th appointment of the 6 respondent and the approval granted as per Ext.
P14 cannot be treated as proper as evidently the necessary th qualifications were acquired by the 6 respondent only on 04. 08. 2023, which is much after the date of occurrence of vacancy. Of course, it is true that the government had granted relaxation for acquiring KTET qualification, but the same was pertaining to the appointments made till the academic year 2019-2020. No other orders by which an exemption has been granted to persons after W. P (C) No. 41580 of 2023 6 the said period, in acquiring KTET qualification has been placed on record. 8. In such circumstances, I do not find any legal validity in th the appointment of the 6 respondent and the order of approval th granted to the 6 respondent vide Ext. P14. Therefore, this Writ Petition is disposed of, quashing Ext. P14 th with a direction to the 5 respondent to fill up the post, which arose on 13. 07. 2022 by a candidate having qualifications as of the th date of the occurrence of the vacancy, by reverting the 6 respondent.
The orders in this regard shall be passed within a period of one month from the date of receipt of a copy of the judgment. Sd/- ZIYAD RAHMAN. A. A JUDGE SSG 7 APPENDIX OF WP(C) 41580/2023 PETITIONER'S EXHIBITS A TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2017, ISSUED BY THE OFFICE OF THE CORPORATE EDUCATIONAL AGENCY DIOCESE OF KOTTAPPURAM AS PROBATIONARY UPST A TRUE COPY OF CERTIFICATE OF DEGREE OF BACHELOR OF SCIENCE IN BOTANY, ISSUED BY THE FACULTY OF SCIENCE, SYNDICATE OF MAHATMA GANDHI UNIVERSITY, DATED 22-01- 1998 A TRUE COPY OF CERTIFICATE OF DEGREE OF MASTER OF SCIENCE IN BOTANY, ISSUED BY THE FACULTY OF SCIENCE, SYNDICATE OF MAHATMA GANDHI UNIVERSITY, DATED 28-09-1999 A TRUE COPY OF CERTIFICATE OF DEGREE OF BACHELOR OF EDUCATION IN NATURAL SCIENCE, ISSUED BY THE FACULTY OF EDUCATION, SYNDICATE OF MAHATMA GANDHI UNIVERSITY, DATED 09-05-2000 A TRUE COPY OF THE APPOINTMENT ORDER DATED 13. 07.
2022 ISSUED BY THE MANAGER POSTING THE 6TH RESPONDENT AS HST (NATURAL SCIENCE) A TRUE COPY OF THE CERTIFICATE OF SET EXAMINATION CLEARED BY THE PETITIONER IN THE YEAR 2000, ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION DATED 19-08-2000 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, ALUVA, DATED 26-07-2022 A TRUE COPY OF THE JUDGMENT IN WP(C) 28342 OF 2022 DATED 01. 09. 2022 8 A TRUE COPY OF THE GO (RT) NO: 503 /2023/ GEDN DATED 21. 01. 2023 A TRUE COPY OF THE JUDGMENT IN WP(C) NO: 11340 OF 2023 DATED 30. 03. 2023 TRUE COPY OF THE GO ( MS) NO: 15/2023/ GEDN DATED 17. 02. 2023, ISSUED BY THE GENERAL EDUCATION DEPARTMENT A TRUE COPY OF THE GO (RT) NO: 4369 /2023/ GEDN DATED 01. 08. 2023 A TRUE COPY OF THE JUDGMENT DATED 25. 08. 2023 IN WP(C) 28855 OF 2023 A TRUE COPY OF THE GOVERNMENT ORDER G. O(P) NO.
4369/2023/GEDN, DATED 01-08- 2023, REJECTING THE REPRESENTATION OF THE 6TH RESPONDENT A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25. 07. 2023 A TRUE COPY OF THE GOVERNMENT ORDER G. O(P)NO. 6275/2023/GEDN DATED 17-10-2023, TO ALLOW THE APPOINTMENT OF 6 TH RESPONDENT
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