The High Court dismissed the Writ Appeal of a Science teacher seeking appointment in the English subject. Ruling that the appellant lacked the requisite B.Ed. in English, the Court rejected the claim for interference. It further noted that since a qualified teacher was appointed, the appellant had no right to challenge her appointment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
WEDNESDAY, THE 25TH DAY OF JANUARY 2012/5TH MAGHA 1933
WA.No. 110 of 2012 () --------------------AGAINST THE JUDGMENT IN WPC.27045/2010 DATED 19-11-2011
APPELLANT/PETITIONER:
T.R.HEMALATHA, W/O.G.SUDHARAKARAN, AGED 41 YEARS, UPSA, D V M N N M H S SCHOOL MARANALLOOR, (VIA) NEYYATTINKARA THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA
RESPONDENTS/RESPONDENTS:
(VIA.)NEYYATTINKARA, TRIVANDRUM DIST.
R1 TO R4 BY G.P. SRI.GEORGE MECHERIL R5 BY ADV. SRI.G.S.REGHUNATH R7 BY ADV. SRI.K.JAJU BABU
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.
.................................................................... Writ Appeal No.110 of 2012 .................................................................... Dated this the 25th day of January, 2012.
JUDGMENT
Ramachandran Nair, J.
Writ Appeal is filed against judgment of the learned Single Judge dismissing appellant's claim for appointment as High School Teacher in English against the vacancy that arose on 13.12.2006. Appellant is a Science graduate (Natural Science) with B.Ed. in the same subject, but acquired M.A. Degree in English later in the course of service. When the vacancy of English teacher arose in the High School section, the 7th respondent was appointed by the Manager as she was a qualified teacher with B.A. and B.Ed. in English. The appellant's challenge against appointment of 7th respondent is on the ground that appellant being a teacher in the U.P. section of the school qualified to be promoted as a High School Teacher should have been given the post when it arose on 13.12.2006. The appellant supports her claim with the reason that her initial appointment was as High School Teacher in English, though it was found to be irregular in litigation by another
W.A. 110/2012
2
teacher and consequently appellant's appointment was approved in the U.P. section. After getting regularisation in the U.P. section, the appellant claimed the post of English teacher in the High School in the vacancy that arose on 13.12.2006 on account of resignation of another teacher. However, by the time appellant made the claim, the 7th respondent who was eligible was appointed and her appointment was also approved. When the 7th respondent's appointment was challenged before the Single Judge, the Single Judge held that the appellant is not qualified to be appointed as an English teacher in the High School and so much so, her claim for the post that arose in 2006 was turned down.
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English. So much so, we do not think the appellant can question the appointment of the 7th respondent to the post that fell vacant in 2006.
Consequently Writ Appeal is dismissed.
C.N.RAMACHANDRAN NAIR Judge
BABU MATHEW P. JOSEPH Judge
pms
3 issues framed by the court
Whether an appellant appointed as a Science teacher could be promoted to the vacant post of an English teacher when a qualified English teacher was appointed instead.
Whether the High Court could interfere with the Single Judge's decision dismissing the claim for appointment as a High School Teacher in English.
The eligibility requirements for appointment as a High School Teacher in English.
T.R.HEMALATHA
STATE OF KERALA
MANAGER, D V M N N M H S SCHOOL, MARANALLOOR
HEADMASTER D V M N N M H S SCHOOL, MARANALLOOR
SMT.P.R.SREEJA
SRI. MANOJ KUMAR MADHAVA VILASAM
C.N.RAMACHANDRAN NAIR
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
