The High Court of Kerala dismissed this writ appeal against a single judge order denying a teacher preferential appointment under Rule 51A of Kerala Education Rules. The single judge relied on a Supreme Court decision requiring one academic year of continuous service, which the appellant allegedly lacked.
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.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943
WA NO. 1434 OF 2021
AGAINST THE JUDGMENT IN WP(C) 13090/2021 OF HIGH COURT OF KERALA, ERNAKULAM DATED 05.10.2021
APPELLANT:
AJITHA MAMBAYIL, AGED 53 YEARS WIFE OF SATHYAN, VELLACHALIL HOUSE, NUT STREET, VADAKARA -673 104, KOZHIKODE DISTRICT (FORMER UPSA, KADATHANAD RAJA'S HIGHER SECONDARY SCHOOL, PURAMERI, KOZHIKODE-673 503). BY ADVS. V.A.MUHAMMED M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001.
WA No.1434 of 2021
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SCHOOL, PURAMERI, KOZHIKODE-673 503.
BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE BY SRI.R.K.MURALEEDHARAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
A.K.Jayasankaran Nambiar, J.
This writ appeal is preferred against the judgment dated 05.10.2021 of the learned Single Judge in WP(C)No.13090 of 2021. By the aforesaid judgment the learned Single Judge had non-suited the writ petitioner with regard to her claim for preferential appointment in terms of Rule 51A of the Kerala Education Rules on the ground that in view of the decision of the Supreme Court in Manager, VKNM Vocational Higher Secondary School v. State of Kerala [2016(1) KLT 489] that reversed the judgment of the Full Bench of this Court in Jayasree v. State of Kerala [2014(4) KLT 612] and held that the amendments brought about in Rule 7A(3) read along with Rule 51A of the KER were to have retrospective effect, only if the teacher in question had a minimum prescribed continuous service of one academic year as on the date of applying for the benefit under Rule 51A, he/she could claim the benefit envisaged under the said Rule. Admittedly, the appellant herein did not satisfy the said condition and it was under those circumstances that the learned Single Judge found that no purpose would be served in directing the educational authorities to consider the revision
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petition filed by the writ petitioner.
The writ appeal therefore fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P., JUDGE
dlk 08.11.2021
1 issue framed by the court
Whether the appellate court can interfere with the single judge's dismissal of the petitioner's claim for preferential appointment based on the Supreme Court's decision establishing retrospective effe
Colour shows how this judgement treated each authority
Manager, VKNM Vocational Higher Secondary School v. State of KeralaReferred¶26
Manager, VKNM Vocational Higher Secondary School v. State of Kerala [2016(1) KLT 489]
Jayasree v. State of KeralaReferred¶26
Jayasree v. State of Kerala [2014(4) KLT 612]
Ajitha Mambayil
The State of Kerala
The Director of General Education
The Deputy Director of Education
The District Educational Officer
The Manager, Kadathanad Raja's Higher Secondary School
A.K.Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
