Remanded

Subairabi P v. the State of Kerala

Kerala HC19 Mar 2024WP(C)/13762/2022

Case brief

AI extract

What is this about?

This writ petition challenged the appointment of the 6th respondent as HSST (Sociology) in preference to the petitioner, who held a B.Ed in Social Science. The Court held that appointment based on seniority was unsustainable ignoring qualification rules. It directed the Government to reconsider the matter to verify if the 6th respondent held a B.Ed in the concerned subject, affording parties a hea

What did the court decide?

Direction to Government to reconsider the case of petitioner and 6th respondent in terms of Rules by examining B.Ed qualifications and afford hearing before decision within two months.

Subairabi P Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶4

TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 WP(C) NO. 13762 OF 2022

¶5

PETITIONER:

¶6

SUBAIRABI P AGED 47 YEARS WIFE OF MOIDEEN, HSA (SOCIAL SCIENCE), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM - 676 505. (RESIDING AT KARUVALLY PATHIKKAD, PADAPPARAMBA, PADAPPARAMBA P.O., MALAPPURAM - 676 507.)

¶7

BY ADVS. V.A.MUHAMMED M.SAJJAD

¶8

RESPONDENTS:

¶9

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE – II, THIRUVANANTHAPURAM - 695 001.

¶10

2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

¶11

3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CIVIL STATION, MALAPPURAM - 676 519.

¶12

4 THE MANAGER, MSP HIGHER SECONDARY SCHOOL, MALAPPURAM - 676 505.

¶13

5 THE PRINCIPAL, MSP HIGHER SECONDARY SCHOOL,

¶14

-2-

¶15

WP(C)No.13762/2022

¶16

MALAPPURAM, - 676 505.

¶17

6 SMT.RAJASREE A.V., HSA (NATURAL SCIENCE), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM - 676 505.

¶18

BY ADVS. ADVOCATE GENERAL OFFICE KERALA K.M.SATHYANATHA MENON

¶19

BY SRI.K.G.SAROJINI, SR. GP

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 11.03.2024, THE COURT ON 19.3.2024 DELIVERED THE FOLLOWING:

¶21

-3-

¶22

WP(C)No.13762/2022

¶23

MOHAMMED NIAS C.P., J.

¶24

- - - - - - - - - - - - - - - - - - - - -

¶25

W(C)No.13762 of 2022

¶26

¶27

Dated this the 19^th day of March, 2024

¶28

JUDGMENT

¶29

MSPHSS, Malappuram, is an aided school under the administrative jurisdiction of the third respondent. A vacancy of HSST (Sociology) arose in the said school. The petitioner, as well as the sixth respondent, had the requisite qualifications. The qualifications prescribed for the post of HSST(Sociology) under Chapter XXXII Rule 6 of the KER are as follows:-

¶30

“6. Qualifications:- No person shall be eligible for appointment to the category in column(2) in the table below under the method specified in column(3) unless he possesses the Qualifications prescribed in column (4) thereof.

¶31

(28) Sociology	By transfer and by direct	(i)Master's Degree in the concerned subject with direct appointment not
(29) Social Work	appointment	less than 50% marks from any of the Universities in Kerala or a
(30) Anthropology		qualification recognised as equivalent thereto in the respective subject by a
(31) Home Science		University of Kerala. (36) Journalism
		(ii)(1)B.Ed in the concerned subject

¶32

-4-

¶33

WP(C)No.13762/2022

¶34

(32) Geology	acquired after a regular course of
	study from any of the Universities in
(33) Statistics (34) Music	Kerala or a qualification recognised as equivalent thereto by a University in Kerala
(35) Gandhian Studies	(2) In the absence of person with B.Ed Degree in the concerned subject, B.Ed Degree acquired in any one of the subject under the concerned Faculty as specified in the Acts /Statutes of any of the Universities in Kerala. (3) In the absence of persons with B.Ed degree as specified in items (1) and (2) above, persons with B.Ed Degree in any subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by any of the Universities in Kerala. (iii) Pass in the state Eligibility Test for the post of Higher Secondary School Teacher conducted by Government of Kerala or by the agency authorised by the State Government.
	Note:- (1) In the absence of B.Ed Degree holders, candidates having Master's degree with not less than 50% marks and who have passed the State Eligibility Test will be considered . Preference will be given to those who have acquired PhD./M.Phil Degree or have qualified at Junior Research Fellowship or National Eligibility Test. The Teachers appointed under this provision will have to acquired B.Ed at their own expense within 5 years from the date

¶35

-5-

¶36

WP(C)No.13762/2022

¶37

of expiry in service.
(2) Persons who have acquired M.Ed
in the subject concerned recognised
by any University in Kerala are
exempted from acquiring B.Ed.

¶38

The petitioner challenges the appointment given to the sixth respondent on the ground that she cannot be preferred over the petitioner, under the Rules in as much as she does not have a B Ed in the concerned subject or a concerned faculty, whereas the petitioner is a holder of B.Ed in Social Science who is a faculty of Sociology. Since the petitioner has a B.Ed in the concerned subject, she has to be appointed in preference to the sixth respondent going by the qualifications fixed and only in the absence of persons with B.Ed in the concerned subject, the B.Ed degree holders required in any one of the subjects under the concerned faculty can be considered. In terms of the Rules, it is the contention of the petitioner that she ought to have been appointed in place of the sixth respondent. The petitioner also states that she was entitled to the by-transfer appointment as HSST (Sociology). The petitioner also relies on the judgment of this Court in K.V.Sankaradas v. State of Kerala and others [2006(4) KLT 956, Saritha Mohan v. State of Kerala (WA No.1508/2003), Salini K. v. State of Kerala (WA No.1092/2003) T essy Mol K.D. v. The Secretary to Government (WA No.1112/2003), Ansy Isaac v. State of Kerala

¶39

-6-

¶40

WP(C)No.13762/2022

¶41

[WP(C)No.21194/2019], Sonia Alex v. State of Kerala [OP(KAT) 111/2014] and Geetha v. State of Kerala [2012 (10 KLT 829]

¶42

The sixth respondent opposes the writ petition, primarily saying that she is senior to the petitioner and she also has a B.Ed qualification. Since the petitioner is senior, the orders passed appointing her as HSST (Sociology) is sought to be sustained.

¶43

Accordingly, the impugned order, Ext.P18, is sought to be quashed and also for a declaration that the petitioner is entitled to be appointed as HSST (Sociology) in preference to the sixth respondent with effect from 28.5.2918 with all consequential benefits.

¶44

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the sixth respondent.

¶45

As per Chapter V of the Kerala University First Ordinance, 1978, the faculty of Social Science includes Sociology, whereas the faculty of the B.Ed Natural Science is not included in the faculty of Science. As per the Rules, the equivalency from any one of the Universities will be sufficient, and under such circumstances, the petitioner’s claims ought to have been considered, taking note of the fact that Sociology is a subject

¶46

-7-

¶47

WP(C)No.13762/2022

¶48

coming within the Faculty of Social Science and going by the Rules extracted above the petitioner’s claims ought to have been considered when it is stated that the B.Ed of the sixth respondent is not in the concerned subject. It is only in cases where both teachers did not have a B.Ed in the concerned subject will the claim arise under the second alternative. The Government counter also proceeds on the basis that the sixth respondent is senior to the petitioner. There is no reference to the qualification fixed, though it is conceded that the petitioner has a B.Ed (Social Science), which is a faculty of Sociology, whereas there is no finding that the sixth respondent has a B.Ed in the concerned subject. The appointment of the sixth respondent cannot be considered solely on the basis of seniority. Under such circumstances, the impugned orders cannot be sustained, and it is only to be quashed.

¶49

Accordingly, there will be a direction to the Government to reconsider the case of the petitioner and the sixth respondent in terms of the Rules by examining whether the sixth respondent has a B.Ed in the concerned subject and only if the sixth respondent is shown to have a B.Ed in the concerned subject can her claim to be considered as superior to that of the petitioner.

¶50

The Government will take a decision on the claims of the

¶51

-8-

¶52

¶53

petitioner and the sixth respondent in the light of the observations above within a period of two months from the date of receipt of a copy of this judgment. The petitioner, the sixth respondent and other affected parties will be afforded with reasonable opportunity of hearing before a decision is taken. The parties will be free to produce such materials to substantiate their claims, which will be adverted by the Government while taking a decision as directed above.

¶54

The writ petition is disposed of as above.

¶55

Sd/-

¶56

MOHAMMED NIAS C.P.

¶57

JUDGE

¶58

The date '28.5.2918' occurring in paragraph 4 of the judgment dated 19.03.2024 in WP(C)No.13762/2022 is corrected and substituted as '29.05.2018' as per order dated 04.04.2024 in IA No.7/2024 in WP(C)No.13762/2022.

Sd/-

JOINT REGISTRAR

dlk/18.3.2024

-9-

APPENDIX OF WP(C) 13762/2022

¶65

PETITIONER'S EXHIBITS

¶66

EXHIBIT P1	TRUE SENIO ON 01	COPY RITY .01.2	OF LIST OF 020.	THE RELEVANT PAGES OF THE HST IN MSP HSS MALAPPURAM AS
EXHIBIT P2	TRUE ISSUE PETIT	COPY D BY IONER	OF THE THE DATED 0	CERTIFICATE OF M.A.SOCIOLOGY ANNAMALAI UNIVERSITY TO THE 4.10.2006
EXHIBIT P3	TRUE BY TH PETIT	COPY E UNI IONER	OF THE VERSITY DATED 2	ELIGIBILITY CERTIFICATE ISSUED OF KERALA WITH RESPECT TO THE 5.11.2006
EXHIBIT P4	TRUE THE 31.10	COPY GOVE .2008	OF THE RNMENT .	CERTIFICATE OF SET ISSUED BY TO THE PETITIONER DATED
EXHIBIT P5	TRUE OF TH	COPY E KER	OF THE ALA UNIV	RELEVANT PAGES OF THE WEBSITE ERSITY.
EXHIBIT P6	TRUE "NO.0 STATE	COP 994/R PUBL	Y OF T1/4/202 IC INFOR	THE INFORMATION ISSUED BY 1-22 DATED 07.02.2022 BY THE MATION OFFICER.
EXHIBIT P7	TRUE 1128=	COPY 2006	OF THE (4) KLT	DECISION REPORTED IN 2006 KHC 956.
EXHIBIT P8	TRUE COURT DATED	COPY OF 16.0	OF THE KERALA 9.2003.	JUDGMENT OF THE HON'BLE HIGH IN WRIT APPEAL NO.1508/2003
EXHIBIT P9	TRUE COURT 03.07	COPY OF .2003	OF THE KERALA I .	JUDGMENT OF THE HON'BLE HIGH N WRIT APPEAL 1092/2003 DATED
EXHIBIT P10	TRUE COURT 08.07	COPY OF .2003	OF THE KERALA I	JUDGMENT OF THE HON'BLE HIGH N WRIT APPEAL 1112/2003 DATED

¶67

-10-

¶68

¶69

EXHIBIT P11	TRUE COPY OF THE APPLICATION FOR THE POST OF HSST (SOCIOLOGY) SUBMITTED BY THE PETITIONER DATED 28.01.2019.
EXHIBIT P12	TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE MANAGER & COMMANDANT DATED 14.02.2019.
EXHIBIT P13	TRUE COPY OF THE NOTICE VIDE LETTER NO.G1(B)- 14294/2019/M OF THE MANAGER & COMMANDANT DATED 22.02.2021.
EXHIBIT P14	TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.21194/2019 DATED 22.08.2019.
EXHIBIT P15	TRUE COPY OF THE REPRESENTATION "SUBMITTED BY THE PETITIONER BEFORE THE RDD HSE, MALAPPURAM DATED 02.03.2021.
EXHIBIT P16	TRUE COPY OF THE ORDER NO.D/2260/21/RDD/HSE/MLPM/K.DIS DATED 29-10- 2021 ISSUED BY THE RDD MALAPPURAM.
EXHIBIT P17	TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 15.11.2021.
EXHIBIT P18	TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(RT) NO. 2058/2022/G.EDN DATED 26.03.2022.
EXHIBIT P19	TRUE COPY OF THE ORDER NO. H/6016/2022/RDD/HSE/K.DIS DATED 29.10.2022 OF THE 3RD RESPONDENT
EXHIBIT P 20	TRUE COPY OF THE JUDGMENT IN OP KAT NO.111/2014 DATED 03.03.2017 OF THIS HON'BLE COURT
EXHIBIT P 21	TRUE COPY OF THE RELEVANT PAGES OF THE UNIVERSITY OF CALICUT FROM WEBSITE
EXHIBIT P-22	TRUE COPY OF THE CHAPTER 5 OF THE KERALA UNIVERSITY FIRST ORDINANCES 1978

¶70

-11-

¶71

¶72

EXHIBIT	P-23	TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER DATED 20.09.2001
EXHIBIT	P-24	TRUE COPY OF THE B.ED MARK LIST OF THE PETITIONER DATED 04.07.2001
EXHIBIT	P-25	TRUE COPY OF THE RELEVANT PAGES OF THE CURRICULUM OF THE UNIVERSITY OF CALICUT FOR B.ED SOCIAL SCIENCE
RESPOND	ENTS EX	HIBITS
EXHIBIT	R6(A)	A TRUE COPY OF THE LETTER NO: 234/T2/2019/G EDN DATED 12/7/2019
EXHIBIT (1)	R6(A)	TYPED COPY OF EXT.R6[A]
EXHIBIT	R6(B)	A TRUE COPY OF G.O.[MS] NO.247/2019/GEN EDN DATED 21.01.2019
EXHIBIT	R6(C)	TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY UNIVERSITY OF KERALA IN FAVOUR OF 6TH RESPONDENT DATED ON 27.6.1996
EXHIBIT	R6(D)	A TRUE COPY OF THE MARKLIST OF THIS APPLICANT OF B ED. IN NATURAL SCIENCE UNDER UNIVERSITY OF KERALA DATED 16.3.1996
EXHIBIT	R6(E)	A TRUE COPY RELEVANT PORTION OF THE G.O(MS) NO.141/2008/G. EDN. DATED 18.8.2008

Subairabi P v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Subairabi P v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammed Sha.S Vs Saju George

Sr. Santhana Mary Augustina Vs State of Kerala

Krishna Pillai and Another Vs K.Ramachandra Kurup Secy, Trivandrum

Sr.Santhana Mary Agustina Vs the State of Kerala

Dr.P.C.Mathew Vs Shri.E.K.Mathew

Krishnakumari.v.S Vs State of Kerala