K. KAMALAKSHI v. P.VINOD KUMAR, L.P.S.T

BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2024, ALONG WITH WA.2098/2023 AND CONNECTED CASES, THE COURT ON 09.01.2024 DELIVERED THE FOLLOWING: W.A.No.2098/2023 and conn.cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 WP(C) NO. 32519 OF 2023 PETITIONER: K. KAMALAKSHI, AGED 68 YEARS, MANAGER, NAVAKERLA LP SCHOOL KOOLILMOOLA P. O., ECHUR, KANNUR DISTRICT – 670591, RESIDING AT KANNOTH HOUSE ECHUR P. O., KANNUR DISTRICT, PIN – 670693. BY ADVS. T.T.MUHAMOOD NAZEER HUZAIN.H GOKUL R.NAIR NIKHILA.P RESPONDENTS: 1 2 3 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC), DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.A.No.2098/2023 and conn.cases 5 4 5 6 7 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, KANNUR, PIN – 670002. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KANNURT NORTH, PIN – 670002. VINODKUMAR, LPST, NAVAKERLA LP SCHOOL KOOLILMOOLA P. O., ECHUR, KANNUR DISTRICT, PIN – 670591. VIJAYASREE, LPST NAVAKERLA LP SCHOOL, KOOLILMOOLA P.O., ECHUR, KANNUR DISTRICT, PIN – 670591. ADDL.R8 SUMITHA KARATT, LPST, NAVAKERALA LP SCHOOL, KOOLILMOOLA P.O., ECHUR, KANNUR DISTRICT - 670591 (ADDL.R8 IS IMPLEADED AS PER ORDER DATED 13-10-2023 IN I.A.NO.1/2023 IN WPC 32519/2023). BY ADVS. LIJIN THAMBAN G.S.KRISHNAN KARTHA(K/2187/1999) DEEPIKA G.S.(K/3155/2022) ARATHY P. GAYATHRI MURALEEDHARAN BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2024, ALONG WITH W.A.NO.2098/2023 AND CONNECTED CASES, THE COURT ON 09.01.2024 DELIVERED THE FOLLOWING: W.A.No.2098/2023 and conn.cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS.JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 WP(C) NO. 36853 OF 2023 PETITIONER: K.KAMALAKSHI, AGED 68 YEARS, W/O.KUNHIKANNAN, MANAGER, NAVAKERLA LP SCHOOL, KOOLILMOOLA P.O., ECHUR, KANNUR DISTRICT – 670591, RESIDING AT KANNOTH HOUSE, ECHUR P.O., KANNUR DISTRICT, PIN – 670693. BY ADVS. T.T.MUHAMOOD A.RENJIT GOKUL R.NAIR NIKHILA.P RIYA MERIN BENCYKUTTY RESPONDENTS: 1 2 3 4 STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN – 682031. DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC), DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, KANNUR, PIN – 670002. W.A.No.2098/2023 and conn.cases 7 5 6 7 8 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KANNUR NORTH, PIN – 670002. VINODKUMAR, LPST, NAVAKERLA LP SCHOOL KOOLILMOOLA P. O., ECHUR, KANNUR DISTRICT, PIN – 670591. VIJAYASREE, LPST NAVAKERLA LP SCHOOL, KOOLILMOOLA P. O., ECHUR, KANNUR DISTRICT, PIN – 670591. SUMITHA KARATT, LPST, NAVAKERALA LP SCHOOL, KOOLILMOOLA P.O., ECHUR, KANNUR DISTRICT, PIN – 670591. BY ADVS. LIJIN THAMBAN FAYAZ M A G.S.KRISHNAN KARTHA(K/2187/1999) BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2024, ALONG WITH W.A.NO.2098/2023 AND CONNECTED CASES, THE COURT ON 09.01.2024 DELIVERED THE FOLLOWING: W.A.No.2098/2023 and conn.cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 CON.CASE(C) NO. 2590 OF 2023 AGAINST THE ORDER IN WP(C) NO.26565/2023 DATED 07.11.2023 PETITIONER: ------- VINOD KUMAR P., AGED 54 YEARS, NAVAKERALA LP SCHOOL, KOOLILMOOLA P.O, ECHUR, KANNUR, KANNUR DISTRICT, PIN – 670591. BY ADVS. LIJIN THAMBAN G.S.KRISHNAN KARTHA RESPONDENT/S: 1 VIJAYASREE, AGED 49 YEARS, D/O.K.KAMALAKSHI, LPST, NAVAKERALA L.P SCHOOL, KOOLILMOOLA P.O, ECHUR, KANNUR, KANNUR DISTRICT, PIN – 670591. ADDL.R2 K.KAMALAKSHI, W/O.KUNHIKANNAN, MANAGER, NAVAKERALA LP SCHOOL, KOOLILMOOLA P.O., ECHUR, KANNUR DISTRICT -670 591, RESIDING AT KANNOTH, ECHUR P.O., KANNUR DISTRICT. ADDL.R3 SHANAVAS.S, IAS, AGE AND FATHERS NAME NOT KNOWN, DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM. W.A.No.2098/2023 and conn.cases 9 ADDL.R4 AJITHA.T.V., AGE AND FATHERS NAME NOT KNOWN, DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, THAVAKKARA, KANNUR DISTRICT. ADDL.R5 PRASANNAKUMARI, AGE AND FATHER'S NAME NOT KNOWN, ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KANNUR NORTH. (ADDL.RESPONDENTS 2 TO 5 ARE IMPLEADED AS PER ORDER DATED 09.01.2024) BY ADVS. FAYAZ M.A. BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2024, ALONG WITH W.A.NO.2098/2023 AND CONNECTED CASES, THE COURT ON 09.01.2024 DELIVERED THE FOLLOWING: W.A.No.2098/2023 and conn.cases 10 A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. ------------------------------------------------ W.P.(C) Nos.32519/2023, 36853/2023, 26565/2023, W.A.No.2098/2023, Cont.Case (c) No.2590/2023 ------------------------------------------------ Dated this the 9th day of January, 2024 JUDGMENT A.Muhamed Mustaque, J. These matters are in regard to the appointment of Headmaster in a vacancy that arose in an aided school, namely, Navakerala L.P. School, Echur, Kannur District with effect from 01.05.2023. The manager of the aided school came in W.A.No.2098/2023 challenging an interim order of the learned Single Judge directing the Manager to handover the documents to Sri.P.Vinod Kumar, the senior most teacher of the said school. Taking note of the nature of the issue, we thought all the matters related to this issue shall be decided by this Court. Thus, with the consent of all the counsel appearing for the parties, we heard the matter on merit. We, accordingly, dispose of these matters by a common judgment.

2. There are three writ petitions. W.P.(C) No.26565/2023 was filed by P.Vinod Kumar, the senior W.A.No.2098/2023 and conn.cases 11 most teacher in the school seeking a direction to appoint him as the Headmaster of the school. W.P.(C) No.32519/2023 was filed by the Manager challenging the order of the Additional Director of General Education, directing the Manager to appoint a senior most teacher in the school. The Manager also filed W.P.(C) No.36853/2023, challenging an order of Additional Director of General Education appointing P.Vinod Kumar as a drawing and disbursing officer. In the writ appeal, we passed an interim order directing the Manager to handover all the documents. Alleging non-compliance, Contempt Case (c) No.2590/2023 has also been filed by P.Vinod Kumar.

3. The learned senior counsel appearing for the Manager argued that P.Vinod Kumar, does not have test qualification, one of the requisite qualifications to be appointed as a headmaster. The learned counsel pointing out to Section 45B of Chapter XIVA of KER argued that test qualification is mandatory to be appointed as Headmaster. He referred to Rule 45B of Chapter XIVA of KER as well as Rule 18 of the Right of Children to Free and Compulsory Education Rules. It is appropriate to refer to both rules to understand the arguments. W.A.No.2098/2023 and conn.cases 12 “Rule 45B of Chapter XIVA of KER: (1) Notwithstanding anything contained in rules 45 and 45A, Account Test (Lower) conducted by the Kerala Public Service Commission shall be an obligatory qualification to the teachers for promotion as Headmasters of Lower Primary and Upper Primary Schools. (2) Every person who is holding the post of headmaster in a lower primary school or an upper primary school on the date of these rules shall stand exempted from acquiring the qualifications specified in sub-rule(1). (3) In the case of teachers awaiting promotion as Headmasters there shall be temporary exemption to them from acquiring the qualification specified in sub-rule (1). (4) Teachers who have attained the age of 50 years shall stand exempted permanently from acquiring the qualification specified in sub- rule (1). (5) During the period of exemption allowed under sub-rule(3) promotions to the posts of Headmasters shall be made without insisting on the qualification specified in sub-rule (1) and those who fall to acquire the said qualification within the said period of exemption shall be reverted. Section 18 of Right of Children to Free and Compulsory Education Rules: Duties to be performed by Head Teacher and Teachers:- The Head Teacher shall be a person having a minimum of twelve years of teaching experience and possessing pass in such departmental tests and test on Kerala Education Act and Rules as may W.A.No.2098/2023 and conn.cases 13 be specified in that regard. Provided that teachers who are otherwise eligible for being promoted as Head teachers shall be exempted from by passing such departmental tests and test on Kerala Education Act and Rules on or after attaining the age of 50 years.”

4. According to the learned senior counsel, the exemption granted to the teachers who crossed the age of 50 as referrable under Rule 45B of Chapter XIVA of KER is only to the class of teachers who stood as on

02.03.1982, when an amendment was made to the above Rules. This argument is made with reference to the language of such exemption granted in the proviso to Rule 18 of the Right of Children to Free and Compulsory Education Rules. The learned senior counsel argued that the Rules made under the Right of Children to Free and Compulsory Education Rules is under challenge before this Court.

5. In regard to this argument, we note that originally the exemption was granted to the teachers who have attained the age of 50 and who have completed 25 years of service under Rule 45B of Chapter XIVA of KER. Thereafter, the amendment was brought in by deleting insistence of 25 years of W.A.No.2098/2023 and conn.cases 14 completed service. This itself would clearly show that the Rule was not intended to be applied to a vanishing tribe of teachers who were on the roll of aided school as on 02.03.1982, but a provision to be made applicable to all categories to relieve a person who crossed the age of 50 to undergo the obligatory test. Though the language under Rule 18 of Right of Children to Free and Compulsory Education Rules is different, nevertheless, both intend to exempt the class of teachers based on age. In such circumstances, we find that there is no merit in the argument. Accordingly, W.P.(C) Nos.32519/2023 and 36853/2023 are dismissed. W.A.No.2098/2023 is also dismissed. Cont.Case (C) No.2590/2023 is closed. W.P. (C) No.26565/2023 is allowed by directing the Manager to give effect to the orders of the Director of General Education with immediate effect. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- SHOBA ANNAMMA EAPEN, JUDGE W.A.No.2098/2023 and conn.cases 15 APPENDIX OF WP(C) 26565/2023 PETITIONER'S EXHIBITS: EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 TRUE COPY OF THE SENIORITY LIST DATED 07/01/2023 OF NAVAKERALA LP. SCHOOL. TRUE COPY OF THE ORDER NO.G/762/19/L.DIS. DATED 15/03/2019. TRUE COPY OF THE AUTHORIZATION LETTER GIVEN TO THE PETITIONER BY THE FORMER HEADMISTRESS DATED 29/04/2023. TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 30/04/2023. TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 03/05/2023. TRUE COPY OF THE LETTER DATED 20/06/2023 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONER. TRUE COPY OF THE APPOINTMENT ORDER BY THE 1ST RESPONDENT DATED 02/05/2023. TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 20040/2023 DATED 20/06/2023. TRUE COPY OF THE CIRCULAR NO.J1/01/21/G.EDN. DATED 27/11/2022. TRUE COPY OF THE ORDER NO. DGE/11040/2023/G4 DATED 23/09/2023 OF THE ADDITIONAL DIRECTOR (ACADEMIC), GENERAL EDUCATION. EXHIBIT P11 TRUE COPY OF THE ORDER BEARING NO.DGE/11040/2023/G4 DATED 03/10/2023. W.A.No.2098/2023 and conn.cases 16 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 A TRUE COPY OF THE LETTER GIVEN BY THE 5TH RESPONDENT TO THE APPLICANT/PETITIONER DATED 10.08.2023. A TRUE COPY OF THE REQUEST MADE BY THE APPLICANT/PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.10.2023. A TRUE COPY OF THE REQUEST SUBMITTED BY THE APPLICANT/PETITIONER BEFORE THE 4TH RESPONDENT DATED 28.10.2023. W.A.No.2098/2023 and conn.cases 17 APPENDIX OF WP(C) 32519/2023 PETITIONER'S EXHIBITS: EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 02-05-2023, APPOINTING SMT. VIJAYASREE AS HEADMISTRESS OF NAVAKERALA SCHOOL. TRUE COPY OF THE ORDER NO.G43143/2023 DATED 18-05-2023 ISSUED BY THE 5TH RESPONDENT. TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 19-05-2023. TRUE COPY OF THE ORDER NO. B5/200075/2023 DATED 14-06-2023 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE REVISION PETITION DATED 17-06-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY OF THE JUDGEMENT DATED 20-06- 2023 IN WP(C) NO. 20040/2023 PASSED BY THIS HON'BLE COURT TRUE COPY OF ORDER NO.DGE/11040/2023/G4 DATED 23-09-2023 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7(A) TRUE COPY OF THE CIRCULAR NO. J1/01/2021/DGEN DATED 27-11-2022. EXHIBIT P8 TRUE COPY OF THE GO (RT) NO. 7559/2022/G.EDN DATED 02.12.2022 ISSUED BY THE GOVERNMENT IN IDENTICAL CASE. EXHIBIT P9 TRUE COPY OF INTERIM ORDER DATED 25-01- 2023 IN WP(C) NO.2791/2023 W.A.No.2098/2023 and conn.cases 18 EXHIBIT P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 30-09-2023. RESPONDENTS' EXHIBITS: EXHIBIT R6(B) TRUE COPY OF THE JUDGMENT IN W.A NO. 123/2021 DATED 05/01/2022. EXHIBIT R6(A) A TRUE COPY OF THE G.O(RT) NO.7891/2022/G.EDN DATED 12/12/2022. EXHIBIT R8 (A) THE TRUE COPY OF THE SENIORITY LIST PUBLISHED BY THE PETITIONER MANAGER DATED 07.01.2023. EXHIBIT R8 (B) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION BEARING NO: 11082/07 IN THE NAME OF THE 8TH RESPONDENT DATED 12.07.2007. EXHIBIT R8 (C) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION BEARING NO: 11084/07 IN THE NAME OF THE 8TH RESPONDENT DATED 12.07.2007. EXHIBIT R8 (D) THE TRUE COPY OF THE OBJECTION FILED BY THE DEPONENT HEREIN DATED 07.09.2023 IN FILES NO: DG E/11040/2023/G4. W.A.No.2098/2023 and conn.cases 19 APPENDIX OF WP(C) 36853/2023 PETITIONER'S EXHIBITS: EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE ORDER DATED 02-05-2023, APPOINTING SMT. VIJAYASREE AS HEAD MISTRESS OF NAVAKERALA SCHOOL. TRUE COPY OF THE ORDER NO. G43143/2023 DATED 18-05-2023 ISSUED BY THE 5TH RESPONDENT. TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 19-05-2023. TRUE COPY OF THE ORDER NO. B5/200075/2023 DATED 14-06-2023 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE REVISION PETITION DATED 17-06-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY OF THE JUDGEMENT DATED 20-06- 2023 IN WP(C) NO. 20040/2023 PASSED BY THIS HON'BLE COURT. TRUE COPY OF THE ORDER DATED 25-07-2023 IN RP NO.737/2023 TRUE COPY OF THE JUDGMENT DATED 02-08- 2023 IN WA NO.1379/2023 ON THE FILE OF THIS HON'BLE COURT. TRUE COPY OF ORDER NO. DGE/11040/2023/G4 DATED 23-09-2023 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF ORDER NO. DGE/11040/2023/G4 DATED 03-10-2023 ISSUED BY THE 3RD RESPONDENT. W.A.No.2098/2023 and conn.cases 20 EXHIBIT P11 TRUE COPY OF GO(P) NO. 163/2020/FIN DATED 22-12-2020. RESPONDENT EXHIBITS EXHIBIT R6(A) TRUE COPY OF G.O(P) NO. 1/2021/G.EDN. DATED 05/01/2021. EXHIBIT R6(C) TRUE COPY OF THE JUDGMENT IN W.A NO. 123/2021 DATED 05/01/2022. EXHIBIT R6(B) TRUE COPY OF THE CIRCULAR NO. J1/01/2021/G. EDN. DATED 27/11/2022. EXHIBIT R7 (A) TRUE COPY OF THE SUBMISSION MADE BY THIS RESPONDENT BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 13.11.2023. W.A.No.2098/2023 and conn.cases 21 APPENDIX OF CON.CASE(C) 2590/2023 PETITIONER'S ANNEXURES: ANNEXURE 1 CERTIFIED COPY OF THE INTERIM ORDER DATED 07/11/2023 IN W.P(C) NO. 26565/2023. ANNEXURE 2 TRUE COPY OF THE ORDER NO.G/409/2023 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH DATED 08/11/2023. ANNEXURE 3 TRUE COPY OF THE RELEVANT PAGE OF THE INSPECTION BOOK DATED 8.11.2023. W.A.No.2098/2023 and conn.cases 22 APPENDIX OF W.A.NO.2098/2023 PETITIONER'S ANNEXURES: ANNEXURE A1 COPY OF THE ORDER DATED 7-11-2023 IN W.P(C)NO. 26565/2023 AND CONNECTED CASES. ANNEXURE A2 TRUE COPY OF THE CONTEMPT CASE NO. 2590/2023. ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED 20-11- 2023 IN CONTEMPT CASE NO. 2590/2023.