Kerala High Court
Soni Gabriel vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33538
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 34972 OF 2024
PETITIONER:
SONI GABRIEL
AGED 52 YEARS
W/O.JACOB THOMAS, HST (HIGHER GRADE)
CSI VHSS FOR THE DEAF, THIRUVALLA-689101,
RESIDING AT KODAKASSERIL HOUSE,
KOTTATHODU, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADVS.
SRI.K.R.GANESH
SRI.ELVIN PETER P.J. (SR.)(K/000445/1990)
SMT.JELEETTA GREGORY(K/000188/2023)
SMT.ANAMIKA M.J.(K/002565/2023)
SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2025:KER:33538
WP(C) No.34972 of 2024
2
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM.,
PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA, THIRUVALLA.,
PIN - 689101
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DEO, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
5 THE MANAGER AND BISHOP (CSI MADHYA KERALA
DIOCESE)
CSI VHSS FOR THE DEAF, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
6 THE HEADMISTRESS
CSI VHSS FOR THE DEAF, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
7 ANIL P JACOB
HIGH SCHOOL ASSISTANT,
CSI VHSS FOR THE DEAF, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADVS.
SRI.V PHILIP MATHEWS
SRI.S.SUBHASH CHAND,R7
SMT.ANIMA M,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.04.2025 AND THE COURT ON 13.05.2025 DELIVERED THE
FOLLOWING:
2025:KER:33538
WP(C) No.34972 of 2024
3
CR
JUDGMENT
Dated this the 13th day of May, 2025 The petitioner is aggrieved by the action of the respondent in appointing the 7 th respondent as Headmaster in the CSI VHSS for the Deaf, Thiruvalla.
2. The petitioner was appointed as UPSA in the School on 02.06.1997. The petitioner was promoted as HSA on 03.06.2013. The petitioner states that she holds Degrees in MA Malayalam, MA English, B.Sc Physics, B.Ed in Physical Science and a D.Ed in Hearing Impairment. The petitioner has passed the Departmental Tests including the Account Test 2025:KER:33538 WP(C) No.34972 of 2024 4 (Lower), the Kerala Education Act and Rules and the Account Test (Higher).
3. The 7th respondent was appointed as UPSA on 02.06.1997. The 7th respondent was promoted as HSA on 01.06.2022.
4. In anticipation of the retirement of the Headmaster, Smt. Susha Susan George on 31.05.2024, the Manager of the School issued Ext. P2 notice dated 20.05.2024. The petitioner and the 7th respondent submitted applications. The petitioner states that overlooking the superior seniority, claim and merit of the petitioner, the 5 th respondent appointed the 7 th respondent as Headmaster as per Ext.P7 order dated 01.06.2024.
5. The petitioner submitted Ext.P8 representation dated 05.06.2024 before the 4th respondent-District Educational Officer. When the representation was not considered, the petitioner filed W.P.(C) No.19662/2024. This 2025:KER:33538 WP(C) No.34972 of 2024 5 Court as per Ext.P8 judgment dated 01.07.2024 directed the 4th respondent to consider Ext.P8 objection submitted by the petitioner while considering the approval to the appointment of the 7th respondent. The 4th respondent, however, rejected the request of the petitioner and issued Ext.P12 order dated 11.09.2024 approving the appointment of the 7 th respondent as Headmaster. Ext.P12 order is under challenge in this writ petition.
6. The petitioner states that her case is analogous to the case of Smt. Susha Susan George, who was appointed as Teacher-in-charge despite having fewer years of service, based on Ext.P6 Government Order. The petitioner, having completed 11 years of service at the High School level, is entitled to the same benefit and should have been considered for promotion.
7. The petitioner submitted that the 4 th respondent wrongly interpreted Rule 37(2) by emphasising age and 2025:KER:33538 WP(C) No.34972 of 2024 6 service seniority. Rule 37(2) of Chapter XIVA of KER clearly states that seniority should be determined by the length of continuous service in the same grade. Only if the date of first appointment and the length of service are identical, the age should be considered. In the present case, the petitioner has more years of service in the grade of HSA than the 7 th respondent. The petitioner is therefore senior to the 7 th respondent.
8. The petitioner further submitted that she has cleared all necessary departmental tests, whereas the 7 th respondent has not passed the requisite test. Rule 44 of the KER mandates that the appointment of Headmaster should ordinarily follow seniority from the seniority list. Ext.P12 order is arbitrary and reflects misuse of discretionary powers.
9. The 4th respondent-District Educational Officer filed the counter affidavit. The 4 th respondent stated that both the petitioner and the 7th respondent are equally qualified for 2025:KER:33538 WP(C) No.34972 of 2024 7 the post of Headmaster. Both entered in regular service on same day. In that situation, under Rule 37(2) of Chapter XIVA of the KER, the 7th respondent is considered as senior on the basis of age, as per Government Order dated 22.11.1979. Ten years of service in teaching the blind and deaf, is the qualification. Both the petitioner and 7 th respondent have same years of experience in service. Therefore, the 7 th respondent was appointed taking into consideration his age.
10. The 4th respondent further submitted that the argument of the petitioner that the District Educational Officer had approved the appointment of Smt. Susha Susan George as Headmistress considering only her service in the post of HST, is not correct. The said appointment was approved, reckoning her total service.
11. The 5th respondent-Manager also filed a counter affidavit. The 5th respondent submitted that the 7th respondent was appointed as Headmaster on the strength of Ext.P6 2025:KER:33538 WP(C) No.34972 of 2024 8 Government Order and in exercise of minority rights guaranteed under Article 30(1) of the Constitution of India. Ext.P6 Rules are special provisions dealing with the Schools for handicapped. That has to prevail over KER. There is no provision requiring appointment of qualified Teachers or reference to them in Ext.P6.
12. In the counter affidavit, the 7th respondent submitted that a careful reading of Ext.P6 Government Order would categorically establish that the post of High School Teacher has not been treated as a feeder category to the post of Headmaster. The requirement in Ext.P6 Government Order is that qualified Teachers in service having ten years of teaching the blind and deaf are entitled to be promoted to the post of Headmaster. Both the petitioner and the 7 th respondent commenced the service as Assistant Teachers with effect from 02.06.1997. Therefore, the 7th respondent is 2025:KER:33538 WP(C) No.34972 of 2024 9 entitled to seniority over the petitioner as the 7 th respondent is elder in age.
13. I have heard the learner counsel for the petitioner, the learned Government Pleader representing respondents 1 to 4 and the respective learned counsel appearing for respondents 5 and 7.
14. The petitioner as well as the 7 th respondent were appointed as UPA on 02.06.1997. The petitioner was appointed as HSA on 03.06.2013, whereas the 7 th respondent was appointed as HSA on 01.06.2022. The 7 th respondent was promoted as Headmaster on 01.06.2024. The question is whether the petitioner being senior in the category of HSA, should have been promoted as Headmaster in preference to the 7th respondent.
15. It is not in dispute that the 5 th respondent-School being a special School, the entire provisions of the KER are not applicable to the School. Ext.P6 Order dated 22.11.1979 2025:KER:33538 WP(C) No.34972 of 2024 10 issued by the Government of Kerala governs the qualification and methods of appointment / recruitment of Headmasters, Assistant Teachers, and Special Teachers attached to the Schools for the handicap and resource teachers.
16. The educational qualifications prescribed for appointment to the post of Headmaster in Ext.P6 Government Order are as follows:
"1.Qualification:-
A.Headmaster on Rs. 535-835 (pre-revision)
(i) B.A., B.Sc. or B.Com.
(ii) L.T., B.T., or B.Ed. and
(iii) Lower Certificate /Junior Diploma in Teaching the Blind (for Headmasters of Schools for the Blind and combined Schools for the Blind and Deaf).
OR Lower Certificate / Junior Diploma in Teaching the Deaf (for the Headmasters of the Schools for the Deaf and combined Schools for the Deaf and Blind).
Note (1) Preference will be given to the candidate who possess both the Lower Certificate / Junior Diploma in Teaching the Blind and Deaf, for appointment in combined Schools for the Blind and Deaf.
2025:KER:33538 WP(C) No.34972 of 2024 11 (2) 50% of the posts of Headmasters are reserved for the qualified teachers in service with 10 years service in teaching the blind / deaf as the case may be. If qualified teachers with 10 years of service in teaching the Blind / Deaf are not available qualified teachers with 5 years of service or more will be eligible for promotion as teacher-in- charge of Special Schools, but they will not be given the Headmaster's scale. Only an allowance of Rs. 50/- will be paid in addition to his / her pay till he / she completed 10 years service.
(3) Handicapped persons shall not be recruited or promoted as Headmaster of Special Schools."
17. The petitioner as well as the 7th respondent satisfy the educational qualifications for appointment as Headmaster. The petitioner argues that the 7th respondent does not possess test qualifications required. A reading of Ext.P6 Government Order would show that passing of departmental tests have not been prescribed as mandatory qualification for appointment to the post of Headmaster.
18. Ext.P6 Government Order governing qualifications and methods of appointment to the Special Schools would indicate their 10 years service in teaching the blind / deaf is 2025:KER:33538 WP(C) No.34972 of 2024 12 the qualification prescribed for appointment to the post of Headmaster in special Schools. If qualified Teachers with the 10 years of service in teaching the blind / deaf are not available, qualified Teachers with five years of service or more will be eligible for promotion as Teacher-in-charge of special Schools. Ext.P6 nowhere states that seniority for appointment as Headmaster should be based on the seniority in the category of HST. In fact, there is no indication in Ext.P6 that the category of HST is the feeder category for appointment / promotion to the post of Headmaster.
19. The petitioner as well as the 7th respondent were appointed in the School initially as UPSA on the same date namely 02.06.1997. As the date of joining of the petitioner and the 7th respondent is the same, the School appointed the 7 th respondent as Headmaster, following Rule 37(2) of Chapter XIVA of KER.
2025:KER:33538 WP(C) No.34972 of 2024 13
20. The argument of the petitioner that provisions of the KER and Ext.P6 Government Order should be construed harmoniously, and going by the general rules of service law, seniority in the feeder category should be taken as basis for promotion, cannot be accepted. This is because Ext.P6 is a Government Order issued specifically to govern Special Schools and the conditions for appointment as Headmasters, have been laid down in Ext.P6 in clear terms. In the judgment in Sherin M. Chandy v. State and others (1993 KHC 253), this Court has held that the provisions of Chapter XIVA of KER are not applicable in the case of Teachers appointed in the Special Schools for handicapped in the State.
21. As both the petitioner and the 7th respondent were appointed in service on the same day, the 5 th respondent appointed the 7th respondent as Headmaster based on age, following the spirit of Rule 37(2) of Chapter XIV of KER. I do 2025:KER:33538 WP(C) No.34972 of 2024 14 not find any illegality and arbitrariness in the appointment of the 7th respondent as Headmaster.
The writ petition is therefore without any merit and it is dismissed.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:33538 WP(C) No.34972 of 2024 15 APPENDIX OF WP(C) 34972/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATES IN ACCOUNT TEST (LOWER), KERALA EDUCATION ACT AND RULES AND ACCOUNT TEST (HIGHER).
Exhibit P2 TRUE COPY OF THE NOTICE DATED 20.05.2024 ISSUED BY THE 5 TH RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT DATED 24.05.2024 Exhibit P4 TRUE COPY OF THE BIO DATA AND CERTIFICATES SUBMITTED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF G.O(P)NO.412/69/EDN. DATED 03.11.1969 ISSUED BY THE GOVERNMENT OF KERALA Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER VIDE NO.GO (MS) NO.198/79/G.EDN DATED 22.11.1979 Exhibit P7 TRUE COPY OF 7 TH RESPONDENT'S APPOINTMENT ORDER DATED 01.06.2024 Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 05.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT DATED 05.06.2024 2025:KER:33538 WP(C) No.34972 of 2024 16 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 01.07.2024 IN W.P(C)NO.19662/2024 PASSED BY THIS HON'BLE COURT Exhibit P11 TRUE COPY OF THE HEARING NOTE DATED 23.08.2024 SUBMITTED BY THE PETITIONER Exhibit P12 TRUE COPY OF ORDER NO. DEO TVL/1693/2024/B4 DATED 11.09.2024 ISSUED BY THE 4 TH RESPONDENT Exhibit P13 TRUE COPY OF ORDER NO B4/35918/2022 DATED 15.05.2023 ISSUED BY THE 4 TH RESPONDENT Exhibit P14 TRUE COPY OF ORDER NO. B4/47243/2023 DATED 21.02.2024 ISSUED BY THE 4 TH RESPONDENT APPROVING THE APPOINTMENT OF MS. SUSHA SUSAN GEORGE Exhibit P15 TRUE COPY OF ORDER NO. B4/35918/2022 DATED 04.05.2024 ISSUED BY THE 4 TH RESPONDENT APPROVING THE APPOINTMENT OF MS. SUSHA SUSAN GEORGE Exhibit P16 TRUE COPY OF SENIORITY LIST OF CSI VHSS FOR THE DEAF, THIRUVALLA AS ON 01.01.2022 Exhibit P17 TRUE COPY OF ORDER IN MAIDHILY V. STATE OF KERALA, 2024 KLT ONLINE 1941 Exhibit P18 TRUE COPY OF THE ORDER NO.B4/727808/2024 DATED 07.10.2024 ISSUED BY THE DEO, THIRUVALLA.
2025:KER:33538 WP(C) No.34972 of 2024 17 RESPONDENT'S EXHIBITS Exhibit R7(a) THE TRUE COPY OF THE ORDER BEARING NO.
H5/21182/2020/DGE DATED 19/1/2021 OF RESPONDENT NO. 2