Kerala High Court
Shali.S vs Sali.G on 8 January, 2018
Author: Devan Ramachandran
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 31ST DAY OF MAY 2018 / 10TH JYAISHTA, 1940
WA.No. 736 of 2018 IN WPC. 41536/2016
AGAINST THE JUDGMENT IN WP(C) 41536/2016 of HIGH COURT OF KERALA DATED
08-01-2018
APPELLANTS/ADDITIONAL RESPONDENTS 4 TO 20:
1 SHALI.S
AGED 50 YEARS, W/O JAMES P, CHAYAPARAMBIL HOUSE,
THANGASSERI PO, (EAST WEST NAGAR), KOLLAM.7
2 GANGADEVI T.R
AGED 50 YEARS, W/O SOMASUNDARAN PILLAI,
PUNTHALA VADAKKATTIL, CHAKUVARAKAL P.O, KOTTARAKKARA.
3 JAYASREE K
AGED 49 YEARS, W/O VIJAYAN PILLAI, NANDANAM,
KUNNIKODE P.O, KUNNIKODE.
4 SHERLEY JACOB K.C
AGED 50 YEARS, W/O SATHYAN, VARIYAMKALU,
VADAKKAKATTIL, PUTHOOR PO, MYLAMKULAM.
5 MONICA B
AGED 50 YEARS, W/O BICILRAJ, BICIL BHAVAN,
JATHISH NAGAR (73A), VADALI, KOLLAM.
6 PUSHPALETHA N
AGED 47 YEARS, W/O SUDHARSANA, VARINTHAVANAM,
POCHAMKONAM, EZHUKON P.O, KOLLAM.
7 SREELATHA V
AGED 46 YEARS, W/O SASIDHARAN PILLAI,
PARASSERIL VEEDU, KILIKOLLOOR P.O, KOLLAM.
VENUEL NAGAR -19.
8 SHYLAJA L
AGED 47 YEARS, W/O ANIL KUMAR, CHENNATTU HOUSE,
CHAVARA BRIDGE P.O, CHAVARA.
9 THANKACHIL L
AGED 47 YEARS, W/O ASHOKAN R, LAKSHMI BHAVANAM,
KADAVOOR, PERINADU P.O, KOLLAM.
WA.No. 736 of 2018
10 MARY HELEN P AGED 46 YEARS, W/O ABRAHAM, ETTUVEETTIL, THOTTAKKADU,
THENKASSERY PO, KOLLAM.
11 SULABI I.P
AGED 45 YEARS, W/O SAJEEVE BABU,
ATTINKARA, SHASTHA NAGAR-13,
KOICKAL, KILIKOLOOR-691004.
12 AJITHA KUMARI O
AGED 50 YEARS, W/O PRASANTH KUMAR,
VILAYIL, PAVUMBA P.O, PAVUMBA NORTH,
KARUNAGAPPALLY, KOLLAM.
13 RADHA R
AGED 50, W/O T. RAGHAVAN, PULLIVEETTIL VADAKKATTIL,
SOORANADU SOUTH, KAKKUKKUNU P.O.
14 JAYANTHI R.R
AGED 39 YEARS, W/O SREEKUMAR R, CHERUTHITTAYIL,
EDAVANASSERY, MYNAGAPPALLY PO, KOLLAM.
15 SHYLA A
AGED 43 YEARS, W/O DILEEP S, ALPHA, PACLA SOUTH,
KARUNAGAPPALLY, KOLLAM.
16 AJITHKUMARI B
AGED 39 YEARS, W/O ANILKUMAR, AJITHAMANDIRAM,
KUDAVATTOOR P.O, ODANAVATTOM.
17 SUNI A
AGED 44 YEARS, W/O SALAHUDHEEN, PALLIYODE PADINJATTATHIL,
PALLIMURY, SOORANADU P.O, KOLLAM- 690522.
BY ADVS.SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS/PETITIONERS 1 TO 4 AND RESPONDENTS 1 TO 3:
1. SALI.G
SAJI BHAVAN, EDAKKADOM PO, EZHUKONE (VIA)- 691505, KOLLAM.
2. ANI A,
PLAVILAMATTATHIL VEEDU, EDAYAM P.O, VALAKAM- 691532,
KOLLAM.
3. MERLIN S
BENZY'S COTTAGE, CHERUSSERI BHAGOM,
CHAVARA P.O, KOLLAM-691532.
4. SABEENA BEEVI U
V.S MANZIL, EDAMULACKAL P.O, ANCHAL -691306, KOLLAM-691532.
WA.No. 736 of 2018
5. STATE OF KERALA
REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 695001.
6. THE DIRECTOR,
SARVA SHIKSHA ABIYAN, THIRUVANANTHAPURAM- 695001.
7. THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY, KOLLAM- 691001.
R1,R3,R4 BY ADV. SRI.SHERRY J. THOMAS
R1,R3,R4 BY ADV. SRI.ARUN ALEX
BY SMT.G.RANJITA
R5-R7 BY GOVERNMENT PLEADER SHRI S. KANNAN.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31-05-2018 ALONG WITH
W.A.No.843 OF 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[CR]
P.R. RAMACHANDRA MENON
&
DEVAN RAMACHANDRAN, JJ.
..............................................................................
W.A.No.736 & 843 OF 2018
.........................................................................
Dated this the 31st May, 2018
JUDGMENT
Devan Ramachandran, J.
Called to attention in these appeals is whether the appointees to Specialist Teachers' posts under the Sarva Shiksha Abhiyan (SSA for short) for the past years should be allowed to be retained for this year and for years to come without calling for fresh appointments.
2. For the purpose of factual clarity, the Sarva Shiksha Abhiyan (Education for All Movement) is a programme pioneered by the Government of India aimed at Universalisation of elementary education. This programme has its purposes culled from the 86th amendment to the Constitution of India guaranteeing free and compulsory education to children between the ages of 6 to 14, estimated to be 205 million in number as per the census of the year 2001. The avowed objective of the programme is to provide an opportunity for improving the human capabilities to all children through the provision of community owned quality education in a mission mode.
3. Among the above, W.A. No.736 of 2018 has been filed W.A.No.736 & 843 OF 2018 2 by the persons, who were impleaded as additional respondents 4 to 20 in W.P.(C)No.41536 of 2016, whereas W.A.No.843 of 2018 has been filed by a person who is not a party in W.P(C)No.2681 of 2017 and after obtaining the leave of this Court.
4. These writ petitions were filed by the petitioners therein stating that they are candidates who had applied for appointment to the post of Specialist Teachers in Craft under the Scheme called Sarva Shiksha Abhiyan, which was introduced under the aegis of the Ministry of Human Resources Development, Union of India and implemented by the State Government. The primary allegation of the writ petitioners was that even though they were included in the list of teachers selected for appointment to the above mentioned posts under the SSA, their performance and their credentials were not properly evaluated, leading to the placing of their names in the select list much lower than where they ought to have been placed .
5. A learned single Judge of this Court made a very detailed evaluation of the allegations made in the writ petition and even examined the methodology of awarding of marks and assessment of credentials, as have been stipulated by the W.A.No.736 & 843 OF 2018 3 applicable orders issued under the SSA Scheme, and found that the petitioners were justified in making the said claim. However, since the academic year was coming to close by 31.03.2018 and since, even as per the provisions of the SSA Scheme, none of the teachers are entitled to employment and salary during the vacation, a direction was issued that existing teachers under the SSA scheme in Kollam district should not be allowed to continue beyond this academic year( i.e. after 31.03.2018) and that all appointments for the next academic year (i.e. from 01.06.2018) shall be done only after conducting a fresh selection, strictly in accordance with the relevant government Order, a copy of which has been placed on record as Ext.P1.
6. This judgment of the learned single Judge has been accepted by the Govt. of Kerala and other official respondents, but are impugned by the appellants, who are presently working under the SSA Scheme in various schools, on the singular contention that the learned single Judge ought not to have directed that none of the appointees be allowed to continue beyond this academic year since, under the provisions of the SSA Scheme and consequent to Ext.P1 Government Order, no term W.A.No.736 & 843 OF 2018 4 for appointment of such contract teachers have been stipulated.
7. We have heard Shri Raju Joseph, the learned Sr. Counsel assisted by Shri Julian Xavier appearing for the appellants in both these cases and Shri Sherry J.Thomas, appearing for some of the writ petitioners/respondents in the appeal and also the learned Government Pleader appearing for the official respondents.
8. As we have already noticed above, the contentions of the appellants, as voiced through their learned Senior Counsel, Shri Raju Joseph, is in a very limited compass. All what the learned Senior Counsel effectively requires from this Court is to vacate that part of the judgment of the learned single Judge wherein the respondents have been directed to terminate the service of all appointees under the SSA Scheme after this academic year.
9. The learned Senior Counsel Shri Raju Joseph submits that this direction was completely unnecessary since it is up to the Government to decide as to whether the appointees are to be retained or to be terminated, depending upon the exigencies and necessities of their service. He further submits before us that W.A.No.736 & 843 OF 2018 5 when the matter was taken up for consideration on 10.04.2018, it was brought to the notice of this Court that the Govt. of Kerala has, in fact, allowed various appointees under the Scheme to continue in all other districts other than the Kollam district and he vehemently asserts that the direction in the impugned judgment, being applicable only to the Kollam district, would amount to a case of discrimination among appointees vis-a-vis other districts. In short, the sole contention of the learned Senior Counsel is that the judgment, to the extent of directing the respondents to terminate the service of all appointees under the SSA Scheme after 31.03.2018, be vacated and the Government be allowed to decide whether any such appointees be continued in service depending upon the exigencies of service.
10. Shri Sherry J. Thomas, the learned counsel appearing for the various writ petitioners/respondents in these appeals submits that the direction of the learned single Judge is reasonable and pragmatic in nature because unless the present appointees under the SSA Scheme are terminated, consequent to the expiry of their term of appointment, no fresh selection will be done by the Government, which would prejudicially affect the W.A.No.736 & 843 OF 2018 6 legitimate expectations and chances of such persons, including the writ petitioners, to secure an appointment under the SSA Scheme in future.
11. When this matter was listed on 10.04.2018, we had asked the learned Government Pleader to inform us as to the present scenario with respect to the SSA Scheme because it was brought to our notice by one of the learned counsel that this Scheme is now being modified by the Govt. of India by another scheme called 'Samagra Shiksha Abhiyan' (SSA 2 for short). The learned Government Pleader today submits that this information is accurate and that the old SSA Scheme has been done away with in order to pave way for the implementation of the new SSA 2 Scheme.
12. According to the learned Government Pleader, Samagra Shiksha Abhiyan has its soul in the proposals of the Union Budget of the year 2018-19 to treat school education holistically without segmentation from pre-nursery to Class XII. He adds that this is an overarching programme for school education with a broader goal of improving school effectiveness measured in terms of equal opportunities for schooling and equitable learning W.A.No.736 & 843 OF 2018 7 outcomes. We are also told that this new programme subsumes three earlier schemes, namely, the Sarva Shiksha Abhiyan, Rashtriya Madhyamik Shiksha Abhiyan and Teacher Education. The learned Government Pleader further submits that formal orders in this regard are yet to be issued by the Ministry of Human Resources Development. However, he concedes that consequent to the change, all the appointees under the old SSA scheme in all the districts in Kerala would now become incapable of being engaged under that Scheme and that none of the appointees will be allowed to continue as specialist teachers from the next academic year, which is to begin from 01.06.2018. He submits that fresh appointments or continuance of the earlier appointees can be considered by the Govt. of Kerala only subject to the specific terms of the new Scheme -SSA 2.
13. We have considered the submissions made at the Bar and recorded as above, very intently. By the very nature of the submissions made before us, it becomes inevitable that an exhaustive examination of the various factual factors or legal contentions would not be necessary by us at this stage. This is because once the old SSA Scheme has been done away with, to W.A.No.736 & 843 OF 2018 8 be replaced by a new scheme, fresh appointments of specialist teachers, be that by a new process or by continuing the appointees under the old SSA Scheme, will have to be guided and modulated exclusively by the terms of the new Scheme. We are not aware of the terms of the new Scheme, since nothing is placed on the files of these cases as to the nature of the prescriptions of the said Scheme. We are, therefore, not in a position to affirmatively conclude or declare upon the manner in which new appointments have to be made under the new SSA scheme and it is certainly upto the Government to frame Regulations, Rules or orders in terms of the Scheme for this purpose.
14. Suffice to say that since the old SSA Scheme is no longer in force, appointees under the old SSA Scheme will not be entitled to continue in any of the districts in Kerala on the strength of the appointment under the said Scheme. The question as to whether they will be entitled to be retained by the Govt. of Kerala under the provisions of the new Scheme or whether fresh appointment will have to be done, will depend upon the manner in which the new scheme is formulated. In the W.A.No.736 & 843 OF 2018 9 absence of any information regarding the new Scheme, we deem it apposite not to say anything further on these issues.
15. In the result, we see no reason to disturb any of the findings of the learned single Judge impugned in these appeals, since all what the learned single Judge has done is to confine the term of the appointees under the old Scheme to this academic year. These directions go hand in hand with the observations and findings recorded by us herein. Therefore, confirming those directions, we close these appeals recording the submission of the learned Govt. Pleader that the recruitment of teachers under the new SSA 2 Scheme (i.e., Samagra Shiksha Abhiyan), to be introduced by the Govt. of India, will be done strictly in accordance with the terms of the Scheme and not in any other manner.
These appeals are thus disposed of.
P.R. RAMACHANDRA MENON, JUDGE DEVAN RAMACHANDRAN, JUDGE lk