Kerala High Court
K.K.Mini vs The District Project Officer on 28 June, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 28TH DAYOF JUNE 2017/7TH ASHADHA, 1939
WP(C).No. 377 of 2017 (V)
--------------------------------------
PETITIONER(S) :
--------------------------
K.K.MINI,
AGED 44 YEARS, W/O.K.P.SHIBULAL, KAMMATTIKKATTIL,
VETTAKKAL P.O, CHERTHALA, PIN-688 529,
ALAPPUZHA DISTRICT.
BY ADVS. SRI.NELSON J.MANAYIL
SRI.P.M.RAJAGOPAL
RESPONDENT(S) :
----------------------------
1. THE DISTRICT PROJECT OFFICER,
SARVA SIKSHA ABHIYAN, ALISSERI WARD,
ALAPPUZHA, PIN-688 001.
2. JESSY J.S.,
AGE AND FATHER'S NAME NOT KNOWN,
JOLLYALAYAM, KADAKKARAPPILLYP.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 529.
3. KOCHUMARY K.P.,
AGE AND FATHER'S NAME NOT KNOWN,
VARUKALLU NIKARTHIL, EZHUPUNNA P.O,
CHERTHALA, ALAPPUZHA, PIN-688 537.
* ADDITIONAL R4 TO R7 IMPLEADED
4. BRIJITH.K.R,
S/O. RAVINDRAN, KALAVELICHIRA HOUSE,
MAYITHARA P.O., CHERTHALA,
ALAPPUZHA DISTRICT, PIN- 688 539.
5. PRAVEEN.V.V.,
S/O. V.K.VASAVAN, VALLEVELI HOUSE,
C.M.C.26, CHERTHALA P.O.,
ALAPPUZHA DISTRICT, PIN- 688 524.
..2/-
..2..
WP(C).No. 377 of 2017 (V)
--------------------------------------
6. GIREESH KUMAR.S.,
S/O. SUNIL PRASAD, VELIYIL PUTHENVEEDU HOUSE,
CHERTHALA P.O.,ALAPPUZHA DISTRICT, PIN- 688 524.
7. SREEKANTH.S.R.,
S/O. RAMESH KAMATH, SREE VILASAM, C.M.C.14,
CHERTHALA P.O.,ALAPPUZHA DISTRICT, PIN- 688 524.
* ADDITIONAL R4 TO R7 ARE IMPLEADED AS PER ORDER DATED 28.06.2017
IN I.A.NO. 8129 OF 2017.
R1 BY SR. GOVERNMENT PLEADER SMT. NISHA BOSE
ADDL.R4 TO R7 BY ADV. SRI.DINESH MATHEW J.MURICKEN
BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-06-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 377 of 2017 (V)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE PHOTOCOPY OF THE CERTIFICATE BEARING
REGISTRATION NO.35603 DATED 30.01.1993 ISSUED BY BOARD OF
TECHNICAL EXAMINATION KERALA STATE TO THE PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF DUPLICATE OF EXT.P1 REGISTRATION
NO.35603 DATED 21.03.2013.
EXHIBIT P3 TRUE PHOTOCOPY OF CERTIFICATE BEARING REG.NO.417
DATED 20.10.2011 ISSUED TO THE PETITIONER.
EXHIBIT P4 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 13.06.1992
ISSUED TO THE PETITIONER BY NEHRU YUVA KENDRA,
ALAPPUZHA.
EXHIBIT P5 TRUE PHOTOCOPY OF EMPLOYMENT REGISTRATION IDENTITY
CARD OF THE PETITIONER NO.W-1351/87 DATED 12.06.1987.
EXHIBIT P6 TRUE PHOTOCOPY OF CERTIFICATE BEARING
REGISTRATION NO.CB-02576 ISSUED BY NATIONAL CENTRE FOR
INNOVATING SKILL TECHNOLOGY TO THE PETITIONER.
EXHIBIT P7 TRUE PHOTOSTAT OF CERTIFICATE DATED 17.10.2016,
ISSUED BY LEO ENGLISH MEDIUM PUBLIC SCHOOL, CHELLANAM
TO THE PETITIONER.
EXHIBIT P8 TRUE PHOTOSTAT OF ADVERTISEMENT PUBLISHED IN
MATHRUBHUMI DAILYDATED 15.102016.
EXHIBIT P9 TRUE PHOTOSTAT OF LETTER NO.SSA.2/42/2016 DATED 9.11.2016
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P10 TRUE PHOTOSTAT OF THE RANK LIST OF THE 1ST RESPONDENT
IN THE CATEGORY - WORK EDUCATION - WORK EXPERIENCE
OBTAINED FROM THE WEBSITE OF THE 1ST RESPONDENT
EXHIBIT P11 TRUE PHOTOCOPY OF RANK LIST FOR THE POST OF SEWING
TEACHER (HIGH SCHOOL) BEARING NO.166/13/SSIII-CATEGORY
NO.179/2008 IN THE EDUCATION DEPARTMENT IN KOZHIKODE
DISTRICT OBTAINED FROM THE WEBSITE OF PSC.
ADDITIONAL EXHIBIT P12: TRUE PHOTOCOPY OF LETTER NO. S.S.A.03/10/2015
DATED 08.02.2017 ISSUED BY PUBLIC INFORMATION
OFFICE OF THE 1ST RESPONDENT TO
THE PETITIONER.
ADDITIONAL EXHIBIT P13: TRUE PHOTOCOPY OF LETTER NO. S.S.A.03/10/2015
DATED 19.01.2017 ISSUED BY PUBLIC INFORMATION
OFFICE OF THE 1ST RESPONDENT TO
THE PETITIONER.
WP(C).No. 377 of 2017 (V)
---------------------------------------
RESPONDENT(S)' EXHIBITS :
EXHIBIT R1(A): TRUE COPY OF THE ORDER DATED 01.11.2016.
EXHIBIT R1(B): TRUE COPY OF CONSOLIDATED MARK LIST OF SEWING
TEACHER.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.V.ASHA J.
--------------------------------------------
W.P.(C).No.377 of 2017
---------------------------------------------
Dated this the 28th day of June, 2017
J U D G M E N T
Appointment made to the posts of Sewing/Craft Teachers under the Sarva Siksha Abhiyan (SSA), in Alapuzha District is under challenge in this writ petition.
2. Petitioner is a candidate, who submitted application for appointment pursuant to a notification issued by the District Project Director, Alapuzha, inviting applications for appointment of Specialist Teachers in various Branches under the Sarva Siksha Abhiyan.
3. The Human Resource Development Department under the Government of India allotted sufficient funds to the State Government towards appointment of Specialist Teachers under the Sarva Siksha Abhiyan in the State, in tune with the provisions contained in the Right to Children for Free and Compulsory Education Act, 2009, which provides that there should be sufficient number of Specialist Teachers for instructing the students in the field of Arts, Physical Education and Work Experience in the U.P Schools having more than 100 pupils and L.P Schools having 150 Pupils. W.P.(C).No.377 of 2017 2 Government had, as per G.O.(MS) No.170 of 2016/G. Edn. dated 05.10.2016, accorded sanction for appointment of 2514 Specialist Teachers in various Government L.P and U.P Schools in the State in Arts, Physical Education and Work Experience on contract basis on a consolidated pay. The State Project Director was entrusted to make the appointments, in accordance with the directions issued by the Ministry of Human Resource Development. The conditions stipulated for making these appointments were that: The candidates shall have the qualification as provided in the guidelines issued by the Ministry of Human Resource Development and the provisions contained in Kerala Education Rules, within the Upper age limit of 50 years; the appointments would be on contract basis under the SSA project; appointments shall be made after obtaining a list of candidates qualified in accordance with the provisions in the guidelines of MHRD/KER, from the Employment Exchange, on the basis of qualification and interview; in the event of delay in obtaining the list from the Employment Exchange, applications should be invited by advertisement in news paper and thereafter, selection shall be conducted from among qualified hands after conducting the interview; the interview board should consist of one representative each of W.P.(C).No.377 of 2017 3 the Project Director of SSA, Director of Public Instructions apart from an expert in the respective branch. The interview board for each Districts shall be constituted by the State Project Director; those who are included in the Rank List published by Public Service Commission shall be given preference while making appointments. Appointments shall be in accordance with the Government letter No.6309/K1/2016/G.Edn dated 27.02.2012 on contract basis.
4. Petitioner, who belongs to Latin Catholic community, submitted application for appointment as Sewing Teacher. She registered her name with the employment exchange on 12.06.1987. She is fully qualified with certificates a per Exts.P1 to P4. She claims that she is working as a Part-time Art and Craft Teacher, inclusive of stitching and needle works in LEO English Medium Public School. She appeared in the interview on 19.1.2016, based on Ext.P9 call letter. In the ranked list Exts.P10, she is ranked 70. She belongs to Latin Catholic Community (LC). The respondents 2 and 3 are the other candidates belonging to LC turn.
5. Several grounds are alleged challenging the selection and appointment made to the post and the preparation of rank list. The most relevant among them is W.P.(C).No.377 of 2017 4 that, she was not given priority, though she was included in Ext.P11 rank list, published by the Public Service Commission on 11.04.2013, for appointment of UPSA Sewing Teacher in Kozhikode District. Therefore, there is a clear violation of the direction of Government in its order dated 5.10.2016.
6. I heard the learned Counsel for the Petitioner and the learned Senior Government Pleader and considered the contentions with reference to the pleadings.
7. From para 9 of the counter affidavit filed by the 1st respondent, it is clear that petitioner is ranked 70 in the ranked list. She belongs to Latin Catholic Community. Rank Nos. 11 and 64, are the other candidates belonging to Latin Catholic Community. Though order of appointment was issued to Rank No.11, the 2nd respondent, she was not appointed, as it was found that she has not passed SSLC. In para 10 of the counter affidavit, it is stated that petitioner as well as the 3rd respondent secured 22 marks. But 3rd respondent was ranked above the petitioner as her date of birth is prior to that of petitioner.
8. From Ext.R1(b) list produced by the respondents, it is seen that petitioner is not given any priority, based on her inclusion in the Ext.P11 ranked list published by the PSC. Even going by the guidelines formulated by the Director, the W.P.(C).No.377 of 2017 5 petitioner is not awarded 1 mark for inclusion in PSC rank list. The 3rd respondent is not seen included in any of the rank lists published by the PSC. In case, priority was granted to the petitioner on account of the inclusion of her name in the PSC rank list, she would have been ranked above the 3rd respondent, with addition of at least 1 mark i.e., with 23 marks. In that event, since the 2nd respondent is not given appointment and as the 3rd respondent is liable to be ranked below the petitioner, petitioner would be the rightful candidate for appointment in the turn of Latin Catholic Community.
9. The 3rd respondent has not entered appearance.
10. The only ground for denying priority to the petitioner is that Ext.P11 rank list of the PSC was not for Alapuzha District; it was for the Kozhikode District. Such a reasoning from the mouth of the official respondents is highly illogical and unreasonable. More over, it is a live rank list. The respondents should be aware of the fact that the qualification and suitability required for a candidate for appointment in any District in the State is one and the same. Therefore, the denial of preference on the ground that Ext.P11 PSC rank list was for another District, when priority is already ordered to be given for those who are included in PSC rank list, in G.O. W.P.(C).No.377 of 2017 6 (MS) No.170 of 2016/G. Edn. Dated 05.10.2016, is arbitrary and unreasonable. As the candidate ranked at 11 is already found disqualified, the petitioner is entitled to be ranked in the place of the 2nd respondent as Rank No.11 against the LC turn.
In the above circumstances, it is declared that petitioner is entitled to be ranked above the 3rd respondent and in the place of the 2nd respondent at Rank No.11. There shall be a direction to the 1st respondent to consider the case of the petitioner, treating her as the 1st candidate in the LC turn and to revise her ranking in Ext.R1(a) list, accordingly at Rank No.11 in the place of the 2nd respondent and to offer appointment to petitioner as Sewing Teacher against the LC turn, within a period of 'one month' from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
AS