The High Court of Kerala dismissed a writ petition admitting a teacher in a leave vacancy. The court held that a regular vacancy claimant who acquired qualifications later than the vacancy but earlier than the petitioner's appointment had a superior claim.
Petitioner's claim for appointment in regular vacancy dismissed; appointment of Smt. Vinitha approved.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941
WP(C).No.3286 OF 2011(I)
PETITIONER:
V.S.INDU
AGED 36 YEARS, D/O VIKRAMAN NAIR, UPPER PRIMARY SCHOOL ASSISTANT, MUSLIM HIGH SCHOOL FOR BOYS, KANIYAPURAM,THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SPECIAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695 014.
6 SMT. V.N.VINITHA, HIGH SCHOOL ASSISTANT (ENGLISH) MUSLIM HIGH SCHOOL FOR BOYS, KANIYAPURAM.P.O., THIRUVANANTHAPURAM-695301.
R1, R6 BY ADV. SRI.SHIBU JOSEPH R1 BY ADV. SRI.V.SANJEEV R1 BY ADV. SRI.T.K.VENUGOPALAN R1-4 BY GOVERNMENT PLEADER
JUSTIN MATHEW GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3286 OF 2011(I)
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JUDGMENT
Dated this the 25th day of September 2019
The petitioner V.S. Indu was appointed as HSA (English) in a leave vacancy of Smt. A.S. Shibi with effect from 3.10.2007 in Muslim High School for Boys Kaniyapuram. In the aforesaid school, there was regular vacancy in HSA (English) with effect from 01.06.2006.
WP(C).No.3286 OF 2011(I)
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much before the petitioner entered into service, Vinitha acquired necessary qualification. Therefore, her right preceded the right of
WP(C).No.3286 OF 2011(I)
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any claim that could have been laid by the petitioner. In such circumstances, the Government Order rejecting the appointment in regular vacancy is perfectly legal. Consequentially the order passed by the District Educational Officer in approving the appointment of Vinitha is also legally correct.
The writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
WP(C).No.3286 OF 2011(I)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE NO.32706/2005-R |
JUDGMENT IN WPC DATED 27/07/2006. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DATED 15/03/2007 |
ORDER NO.B6/9169/05/D.DIS OF THE 4TH RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE 2009(1) KHC 950 |
DECISION REPORTED IN (DB) DATED 13/02/2009. |
| EXHIBIT P4 | TRUE COPY OF THE (3) KT 435 DATED |
DECISION REPORTED IN 2006 27/06/2006. |
| EXHIBIT P5 | TRUE COPY OF THE DATED 25/03/2008 |
ORDER NO.B6-8426/2007 OF THE 4TH RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE NO.67852/E3/07/G THE GOVERNMENT. |
LETTER .EDN. DATED 01/07/2008 OF |
| EXHIBIT P7 | TRUE COPY OF THE DATED 05/01/2009 |
GO(P) NO.2/2009/G.EDN. OF THE GOVERNMENT. |
| EXHIBIT P8 | TRUE COPY OF THE DATED 06/09/2008 |
ORDER NO.B3-10905/2008 OF THE DEPUTY DIRECTOR. |
| EXHIBIT P9 | TRUE COPY OF THE NO.ET(5)/67146/0 RESPONDENT DATED |
ORDER 8/DPI/K.DIS. OF THE 2ND 28/02/2009. |
| EXHIBIT P10 | TRUE COPY OF THE DATED 08/12/2010 |
GO(RT) NO.5522/2010/G.EDN. OF THE GOVERNMENT. |
| EXHIBIT P11 | TRUE COPY OF THE PETITIONER DATED |
APPOINTMENT ORDER OF THE 01/06/2009. |
| EXHIBIT P12 | TRUE COPY OF THE DEPUTY DIRECTOR |
APPEAL FILED BEFORE THE DATED 25/10/2010. |
| EXHIBIT P13 | TRUE COPY OF THE NO.23323/J1/89/G THE GOVERNMENT. |
CIRCULAR .EDN. DATED 06/11/1989 OF |
| EXHIBIT P14 | TRUE COPY OF THE | APPOINTMENT ORDER OF THE |
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| PETITIONER DATED 03/10/2007. | |
|---|---|
| EXHIBIT P15 | TRUE COPY OF THE JUDGMENT IN WA NO.724/2014 DATED 02/06/2014. |
| EXHIBIT P16 | TRUE COPY OF THE DECISION REPORTED IN 2009(3)KLT 488 DATED 03/07/2009. |
| EXHIBIT P17 | TRUE COPY OF THE LETTER OF THE DISTRICT EDUCATIONAL OFFICER DATED 17/05/2006. |
| EXHIBIT P18 | TRUE COPY OF THE LETTER OF THE DEPUTY DIRECTOR OF EDUCATION DATED 25/05/2006. |
| EXHIBIT P19 | TRUE COPY OF THE ORDER OF THE MANAGER DATED 27/02/2008. |
| EXHIBIT P20 | TRUE COPY OF THE PROCEEDINGS ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 11/01/2008. |
| EXHIBIT P21 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 15/10/2001. |
| EXHIBIT P22 | TRUE COPY OF THE B.ED CERTIFICATE. |
| EXHIBIT P23 | TRUE COPY OF THE MA CERTIFICATE ISSUED BY THE ANNAMALAI UNIVERSITY DATED 25/10/2005. |
| EXHIBIT P24 | TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE KERALA UNIVERSITY DATED 02/12/2005. |
| EXHIBIT P25 | TRUE COPY OF THE CERTIFICATE OF SET DATED 07/06/2016. |
| EXHIBIT P26 | TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 01/06/2009. |
| EXHIBIT P27 | TRUE COPY OF THE SPECIAL CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 21/12/2016. |
RESPONDENTS' EXHIBITS:- NIL
SAS/25/09/2019
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether a petitioner appointed in leave vacancy has a better claim than a claimant appointed in regular vacancy who acquired qualifications after the vacancy arose but before the petitioner joined?
Whether the Government Order rejecting the petitioner's claim for appointment in the regular vacancy was legal?
Whether the appointment of Smt. V.N. Vinitha under Rule 43 was legally correct?
1 provisions across 1 enactments
V.S. INDU
STATE OF KERALA
DR. DIRECTOR OF PUBLIC INSTRUCTION
SMT. V.N. VINITHA
A MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
