The petitioner, a Laboratory Assistant in an aided school, sought to include his category in the 25% transfer quota for promotion to teacher posts. The court directed the State of Kerala to take a final policy decision on the matter within three months.
Direction to the 1st respondent to take a decision in the matter within three months
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
TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941
WP(C).No.8110 OF 2019(K)
PETITIONER:
XAVIER.S. AGED 42 YEARS S/O.SESADIMA, WORKING AS LABORATORY ASSISTANT, ST.THOMAS HIGHER SECONDARY SCHOOL, POONTHURA, THIRUVANANTHAPURAM, RESIDING AT TC 75/1527, ALUCAUD, NEAR POLICE QUARTERS, POONTHURA P.O., THIRUVANANTHAPURAM- 695026.
BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF SMT.MOLTY MAJEED
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, 2ND FLOOR, HOUSING BOARD BUILDINGS, THAMPANOOR PANAVILA RD, SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM, KERALA- 695001.
4 THE MANAGER, R.C.SCHOOLS, SAMANYA, BISHOP'S HOUSE COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695010.
W.P.(C) No.8110/2019
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R5 BY ADV. SRI.M.RAMASWAMY PILLAI R5 BY ADV. SRI.P.C.VIJAYAKUMAR R5 BY ADV. SMT.PREETHY R. NAIR R5 BY ADV. SRI.K.RAJESH KANNAN
OTHER PRESENT:
SRI.JUSTIN MATHEW, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8110/2019
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JUDGMENT
The petitioner is working as Laboratory Assistant in St.Thomas
Higher Secondary School, Poonthura, Thiruvananthapuram. The
petitioner approached the Government by Ext.P9 representation. The request of the petitioner is to include Laboratory Assistants in the 25% by transfer quota earmarked for promotion to the post of Higher Secondary School Teacher in aided school.
The request as above requires a policy decision by the Government. The petitioner submits that necessary recommendations have been made by the 2nd respondent to the 1st respondent. Anyway, taking note of the pendency of Ext.P9, there shall be a direction to the 1st respondent to take a decision in the matter within a period of three months.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
smp
W.P.(C) No.8110/2019
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A PHOTOCOPY OF THE NO.ACD.B5/2047/HSE/ |
APPOINTMENT ORDER 2004 DATED 17.03.2005. |
|---|---|---|
| EXHIBIT P2 | A PHOTOCOPY OF THE CERTIFICATE OF THE 16.09.2006. |
POST GRADUATION PETITIONER DATED |
| EXHIBIT P3 | A PHOTOCOPY OF THE CERTIFICATE OF THE 28.06.2008. |
B.ED GRADUATION PETITIONER DATED |
| EXHIBIT P4 | A PHOTOCOPY OF THE CERTIFICATE OF THE 30.09.2015. |
SET QUALIFICATION PETITIONER DATED |
| EXHIBIT P5 | A PHOTOCOPY OF G.O. DATED 01.12.2015. |
(MS) 296/2015/GENEDN |
| EXHIBIT P6 | A PHOTOCOPY OF THE 18.02.2016 SUBMITTE |
REPRESENTATION DATED D TO THE 4TH RESPONDENT. |
| EXHIBIT P7 | A PHOTOCOPY OF THE 18.02.2016 SUBMITTE RESPONDENTS. |
REPRESENTATION DATED D TO THE 2ND AND 3RD |
| EXHIBIT P8 | A PHOTOCOPY OF THE 24.01.2019 ISSUED B |
NOTIFICATION DATED Y THE 4TH RESPONDENT. |
| EXHIBIT P9 | A PHOTOCOPY OF THE 28.2.2019 SUBMITTED |
REPRESENTATION DATED TO THE 1ST RESPONDENT. |
| EXHIBIT P10 | A PHOTOCOPY OF THE DATED 18/5/2019 |
NOTIFICATION NO.125/2019 |
| EXHIBIT P11 | A PHOTOCOPY OF THE 23/5/2019 |
REPRESENTATION DATED |
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
smp
3 issues framed by the court
Whether Laboratory Assistants in aided higher secondary schools are eligible for 25% transfer quota for promotion to teacher posts.
Whether the Apex Court guidelines on25transfer quota apply to laboratory assistant category.
Whether the direction to take a policy decision within three months is appropriate.
XAVIER.S.
STATE OF KERALA
SECRETARY, DEPARTMENT OF GENERAL EDUCATION
THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION
REGIONAL DEPUTY DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION
THE MANAGER, R.C.SCHOOLS, SAMANYA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
