Kerala High Court
Sini Thilak vs Manager on 24 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:24888
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
WP(C) NO. 42148 OF 2024
PETITIONER:
SINI THILAK
AGED 52 YEARS
W/O. V.S SAJEEVE, VALAPARAMBIL-HOUSE,
KANJANI-P.O NARIMUKKU, THRISSUR, PIN - 680612
BY ADVS.
P.SATHISAN
SHIBU B.S
BIJU P.PAUL
JAVED HAIDER
ABHIRAM SUNISH
AKSHARA RAJU
RESPONDENTS:
1 MANAGER
EDAMUTTAM UPPER PRIMARY SCHOOL,
EDAMUTTAM PO, THRISSUR, PIN - 680568
2 ASSISTANT EDUCATIONAL OFFICER
O/O THE ASSISTANT EDUCATIONAL OFFICER
VALAPPAD, THRISSUR, PIN - 680567
3 DISTRICT EDUCATIONAL OFFICER
O/O THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR, PIN - 680020
2025:KER:24888
WP(C) No.42148 of 2024
2
4 DEPUTY DIRECTOR OF EDUCATION
O/O THE DEPUTY DIRECTOR-GENERAL EDUCATION CIVIL
STATION, AYYANTHOLE, THRISSUR, PIN - 680003
5 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
BY ADV.
SRI. GEORGE ABRAHAM K
SRI. V. VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:24888
WP(C) No.42148 of 2024
3
JUDGMENT
Dated this the 24th day of March, 2025 The petitioner, a Lower Primary School Teacher at Edamuttam UP School, Thrissur, is in continuous service in the institution since 05.06.2000, with her date of entry into service as 17.06.1998. As of 01.09.2024, the petitioner has completed more than 24 years of service placing herself as senior-most Teacher in the institution possessing an unblemished and exemplary track record.
2. The petitioner states that she was appointed as Upper Primary School Teacher (UPST) on the rolls of the School on 05.06.2000 and she had successfully passed the requisite departmental tests qualifying her for promotion to the post of Headmistress. As per the seniority list, the petitioner is the senior-most Teacher in the institution, fully qualified for 2025:KER:24888 WP(C) No.42148 of 2024 4 promotion to the post of Headmistress. The vacancy of Headmistress arose in the institution of the petitioner following the voluntary retirement of Smt. C. C. Veenus on 31.08.2024. Despite the petitioner's undisputed seniority and eligibility as mandated under the Kerala Education Rules, 1959, the position had been and is being unjustly denied to her. Instead, junior Teachers lacking the requisite qualifications were appointed as Headmistress-in-Charge, which is contrary to the provisions of KER.
3. The petitioner's uninterrupted service since 05.06.2000 and successful completion of departmental tests qualify her for promotion as Headmistress. Moreover, the petitioner served as Headmistress from 01.06.2019 to 22.06.2019 in the vacancy caused when Smt. C. C. Veenus' relinquishment of the post. The order appointing the petitioner was later withdrawn following Smt. Veenus' withdrawal of her 2025:KER:24888 WP(C) No.42148 of 2024 5 relinquishment letter.
4. After Smt. Veenus' voluntary retirement on 31.08.2024, the petitioner as the senior-most qualified Teacher, was entitled to be promoted. However, the Manager appointed junior Teachers without having requisite qualifications as Headmistress-in-Charge, in violation of statutory norms.
5. The petitioner submits that as per Rules 45 and 45B of Chapter XIV-A of KER, the seniormost qualified Teacher should be promoted to Headmaster / Headmistress. The petitioner fulfills all criteria, including passing requisite departmental tests, while the appointees do not. Temporary promotions under Rule 45C of Chapter XIV-A of KER are permissible only when no qualified teacher is available. The same is the case with appointment of Teacher-in-Charge to the post of Headmistress as well. The petitioner's 2025:KER:24888 WP(C) No.42148 of 2024 6 qualifications and seniority render such appointments illegal.
6. Further, the petitioner's appointment in 2019 underscores her qualification and eligibility for promotion to the said post. The denial of promotion constitutes disregard of established precedents and statutory norms. The Manager's action of appointing unqualified junior teachers as Headmistress-in-Charge, is arbitrary and discriminatory, contends the petitioner.
7. I have heard the learned counsel for the petitioner, the learned counsel appearing for the 1st respondent and the learned Government Pleader representing respondents 2 to 5.
8. The counsel appearing for the 1st respondent would submit that the functioning of the School itself is at stake now due to the acquisition of land for widening of National Highway. The petitioner would submit that 2025:KER:24888 WP(C) No.42148 of 2024 7 nevertheless, the School is functioning in a different building.
9. Be that as it may, the petitioner has a grievance which has been raised before the 2 nd respondent. In the facts of the case, it would be only just and proper to direct the 2nd respondent to consider the same and take appropriate decision thereon, after giving opportunity of hearing to the petitioner and the 1st respondent.
The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P5 representation and pass appropriate orders thereon after giving opportunity of hearing to the petitioner and the 1st respondent, within a period of four weeks.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:24888 WP(C) No.42148 of 2024 8 APPENDIX OF WP(C) 42148/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 05.06.2000 APPOINTING THE PETITIONER AS AN UPPER PRIMARY SCHOOL TEACHER (UPST) AT THE EDAMUTTAM UP SCHOOL Exhibit P2 TRUE COPY OF THE PERSONAL MEMORANDA DATED 10.01.2000 ALONG WITH PROOF OF PASSING DEPARTMENTAL EXAMINATIONS Exhibit P3 TRUE COPY OF THE LETTER DATED 01.06.2019 ISSUED BY THE 1ST RESPONDENT TO THE EDUCATIONAL OFFICER, VALAPPAD Exhibit P3(a) TRUE COPY OF THE ORDER NO.1/2019 DATED 22.06.2019 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER AUTHORISING ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, TO APPOINT THE PETITIONER AND SMT. C.C. VEENUS AS TEACHERS IN THE ABOVE SCHOOL WITH EFFECT FROM 05-06-2000 Exhibit P4(a) TRUE COPY OF THE LEGIBLE/READABLE COPY OF THE SAME DOCUMENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 08-10-2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT