Kerala High Court
Eldho Jose vs State Of Kerala on 20 June, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 27229 OF 2023
PETITIONER/S:
ELDHO JOSE
AGED 36 YEARS
AGED 36 YEARS, S/O K. P. JOSE, UPST, ST. STEPHENS
GIRLS HIGH SCHOOL, KEERAMPARA, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN- 686681, RESIDING AT:
KANNOTHUKUDIYIL, KOTTAPADY P.O., KOTHAMANGALAM-
686692.
BY ADVS.
SRI.PAUL ABRAHAM VAKKANAL
SRI.ABRAHAM VAKKANAL (SR.)
SMT.VINEETHA SUSAN THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HSE WING)
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695001.
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, ERNAKULAM - 682011.
4 MANAGER
ST. STEPHENS EDUCATIONAL AGENCY, KEERAMPARA P.O.,
KOTHAMANGALAM- 686681.
5 SHRI. BIJU JOSE GEORGE
HSST JUNIOR (ECONOMICS) ST. STEPHENS HSS, KEERAMPARA,
ERNAKULAM- 686681.
6 SMT. BELJA JOSEPH
HSA (SOCIAL SCIENCE) ST. STEPHENS GHS, KEERAMPARA,
ERNAKULAM- 686681, RESIDING AT PISHARATHUMALIL (H),
2025:KER:39284
WP(C)No.27229 of 2023 2
and Con.Cases
ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM - 683549.
BY ADVS.
GOVERNMENT PLEADER
SHRI.JOBY D JOSEPH
SRI.J.JULIAN XAVIER
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.NIRMAL KURIEN EAPEN
SHRI.MARTIN K.J.
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH WP(C)NOS.31713/2022, 39320/2022, THE
COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
2025:KER:39284
WP(C)No.27229 of 2023 3
and Con.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 31713 OF 2022
PETITIONER/S:
BELJA JOSEPH
AGED 41 YEARS
W/O. BASIL KURIAN MATHEWS, H.S.A. (SOCIAL SCIENCE),
S.S.G.H.S., KEERAMPARA, KEERAMPARA.P.O., ERNAKULAM
DISTRICT -686 681, RESIDING AT PISHARATHUMALIL HOUSE,
ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM DISTRICT - 683
549.
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.ANU JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 014.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
ERNAKULAM - 682 011.
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WP(C)No.27229 of 2023 4
and Con.Cases
4 THE MANAGER,
ST. STEPHEN'S EDUCATIONAL AGENCY, KEERAMPARA.P.O.,
KEERAMPARA - 686 681.
5 SRI.BIJU JOSE GEORGE,
H.S.S.T.(JUNIOR ) ECONOMICS, S.S.G.H.S., KEERAMPARA,
ERNAKULAM DISTRICT -686 681
BY ADVS.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SMT.ANJANA RAM
SHRI.NIRMAL KURIEN EAPEN
SHRI.EBEE ANTONY
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025 ALONG WITH WP(C)NO.27229/2023 AND CONNECTED CASES,
THE COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
2025:KER:39284
WP(C)No.27229 of 2023 5
and Con.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 39320 OF 2022
PETITIONER/S:
ELDHO JOSE
AGED 35 YEARS
S/O K. P. JOSE, UPST, ST. STEPHENS GIRLS HIGH SCHOOL,
KEERAMPARA, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-
686681, RESIDING AT: KANNOTHUKUDIYIL, KOTTAPADY P.O.,
KOTHAMANGALAM-686692.
BY ADVS.
SMT.VINEETHA SUSAN THOMAS
SHRI.ROHITH C.
SRI.ABRAHAM VAKKANAL (SR.)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HSE WING),
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695001.
3 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, ERNAKULAM - 682011.
4 MANAGER,
ST. STEPHENS EDUCATIONAL AGENCY, KEERAMPARA P.O.,
KOTHAMANGALAM-686681.
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WP(C)No.27229 of 2023 6
and Con.Cases
5 BIJU JOSE GEORGE,
HSST JUNIOR (ECONOMICS) ST. STEPHENS HSS, KEERAMPARA,
ERNAKULAM- 686681.
6 BELJA JOSEPH,
HSA (SOCIAL SCIENCE) ST. STEPHENS GHS, KEERAMPARA,
ERNAKULAM- 686681, RESIDING AT PISHARATHUMALIL (H),
ASAMANNOOR.P.O., CHERUKUNNAM, ERNAKULAM - 683549.
BY ADVS.
SMT.MARY CATHERINE PRIYANKA P.S.
SRI.J.JULIAN XAVIER
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
SMT.ANU JOSEPH
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.NIRMAL KURIEN EAPEN
SHRI.EBEE ANTONY
FOR R4 BY SRI.M.SAJJAD
FOR R5 BY SRI.JULIAN XAVIER
SRI.PREMCHAND R. NAIR, SR.GOVT. PLEADER &
SMT. SAROJINI K.G. GOVT. PLEADERS FOR THE STATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2025 ALONG WITH WP(C)NO.27229/2023 AND CONNECTED CASES,
THE COURT ON 20.06.2025 DELIVERED THE FOLLOWING:
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WP(C)No.27229 of 2023 7
and Con.Cases
JUDGMENT
[WP(C) Nos.27229/2023, 31713/2022, 39320/2022] ...
In all these cases, the challenge raised is mainly against the appointment of the 5th respondent in WP(C)No.31713/2022 as H.S.S.T (Junior) Economics, in the school managed by the 4 th respondent in WP(C)No.31713/2022 and the subsequent appointment of the 5th respondent as H.S.S.T (Economics). The 5 th respondent was initially appointed as H.S.S.T (Junior) on 01.06.2022 in the vacancy that arose in the school consequent to the retirement of one K.A. Joy and later promoted as H.S.S.T (Economics) in the vacancy that arose consequent to the retirement of one P.D. Jose on 31.03.2023. The appointment of the 5th respondent as H.S.S.T (Economics) with effect from 15.07.2023, is evidenced by Ext.P15. (For the sake of convenience, WP(C)No.31713/2022 is taken as a leading case and the parties and the exhibits are hereinafter referred to based on the descriptions as shown in the said writ petition unless 2025:KER:39284 WP(C)No.27229 of 2023 8 and Con.Cases otherwise clearly specified).
2. The facts that led to the filing of WP(C) No.31713/2022 are as follows: The 4 th respondent is a corporate educational agency managing three schools viz., M.S.L.P. School, Keerampara, S.S.G.High School, Keerampara and S.S.H.S.S., Keerampara. The petitioner was initially appointed as L.P.S.A in M.S.L.P School, Keerampara for period from 07.11.2000 to 10.01.2001 and the same was approved. Thereafter, she was appointed as U.P.S.A and L.P.S.A on various spells in the schools managed by the 4 th respondent and later she was appointed as L.P.S.A in a regular vacancy as per Ext.P1 order dated 02.06.2004. All the appointments of the petitioner including her appointment against regular vacancy were approved by the educational authorities concerned. Later, she was appointed as U.P.S.A and H.S.A (Social Science). Exhibit P2 is the appointment order issued by the 4th respondent appointing the petitioner as H.S.A. (Social Science). The said appointment was approved by the District Educational Officer, Kothamangalam on 03.08.2018 as per Ext.P3 order, with effect from 1.10.2011.
3. The petitioner possesses the qualification of M.A. (Economics) awarded by Madhurai Kamaraj University and has 2025:KER:39284 WP(C)No.27229 of 2023 9 and Con.Cases acquired B.Ed. Degree in Social Science. There is no B.Ed. Degree in Economics conducted by any of the Universities in the State of Kerala, but the B.Ed. Degree in Social Science comes under the faculty of Economics. The 5th respondent was working as H.S.A (Social Science) in the S.S.H.S.S., Keerampara. He is senior to the petitioner in the category of H.S.A. He possesses B.Ed. Degree (Malayalam) and M.A. (Economics). A vacancy of H.S.S.T. (Junior) Economics, arose in the S.S.H.S.S., Keerampara on 01.06.2022 due to the retirement of Sri.K.A.Joy. According to the petitioner, she was the only eligible candidate having qualifications to be appointed as H.S.S.T (Junior) Economics, by way of by transfer appointment, as on the date of occurrence of the vacancy. However, the 4 th respondent proposed to appoint the 5th respondent as H.S.S.T(Junior) against which a representation was submitted by the petitioner claiming the same. Exhibit P7 was the said representation. However, the 4 th respondent appointed the 5th respondent as H.S.S.T.(Junior) rejecting the claim of the petitioner. The Writ Petition was submitted in such circumstances challenging the said appointment.
4. While the Writ Petition was pending consideration, the 4 th respondent appointed the petitioner as H.S.S.T. (Economics) on 2025:KER:39284 WP(C)No.27229 of 2023 10 and Con.Cases 14.07.2023 in the retirement vacancy of one Jose P.D. who retired on 31.03.2023. However, the said order was not given effect to, as immediately thereafter, Ext.P14 order was issued by the 4 th respondent, nullifying the said appointment of the petitioner, as according to the 4th respondent, it was only a mistake. Later, Ext.P15 appointment order was issued appointing the 5 th respondent as H.S.S.T.(Economics) who was working in the school as H.S.S.T. (Junior) Economics at the relevant time based on the appointment order challenged in the writ petition. Thereafter, the 4 th respondent issued an appointment order to the petitioner appointing her as H.S.S.T (Junior) (Economics) with effect from 15.7.2023 in the promotion vacancy of the 5th respondent. Exhibits P16 and P17 are the proceedings and the appointment order in this regard. According to the petitioner, she was the only eligible person to be appointed as H.S.S.T (Junior) when the vacancy arose in S.S.H.S.S, Keerampara on 01.06.2022 due to the retirement of Sri.K.A.Joy. Despite the legitimate claim, the 5th respondent was given preference above the petitioner only because of the reason that, the 5 th respondent was senior to the petitioner.
5. A counter affidavit was submitted by the 4 th respondent, 2025:KER:39284 WP(C)No.27229 of 2023 11 and Con.Cases the Manager of the school. According to the 4 th respondent, when the vacancy of H.S.S.T (Junior) arose consequent to the retirement of K.A.Joy, the petitioner could not have been considered for the said post, in view of the fact that, in the staff fixation order for 2022- 2023, the post of the petitioner as HSA was abolished and thereby she was deployed to another school. Exhibit R4(c) is the staff fixation order dated 27.8.2022 and the same was with effect from 15.7.2022. It is also the case of the 4 th respondent that, as far as the vacancy of H.S.S.T (Junior) consequent to the retirement of Sri. K.A.Joy is concerned, the same occurred only on 25.8.2022 when the classes of Plus 1 for 2022-2023 batch started. Therefore, it was contended that as on the said date, the petitioner stood deployed by virtue of Ext.R4
(c) order and therefore she was not entitled to be considered for promotion, as she was not in the seniority list maintained by the school. Thus, it is the specific case of the 4 th respondent that a candidate can be considered for promotion only if such candidate is on the rolls of the parent school and a teacher, who is deployed under protection, is not entitled to such consideration. The 4 th respondent places reliance upon Ext.R4(d) letter issued by the Government and Ext.R4(e) decision rendered by a Full Bench of this 2025:KER:39284 WP(C)No.27229 of 2023 12 and Con.Cases Court in Abraham A.G.and Others v. State of Kerala and Others [2009 (3) KHC 557]. The 5th respondent also filed a detailed counter affidavit reiterating the aforesaid contentions and justifying Ext. P15 order. In the light of some subsequent developments, the petitioner amended WP(C)No. 31713/2022, by incorporating necessary pleadings, grounds and reliefs challenging the Ext.P15 order and seeking consequential reliefs. The 5th respondent also contended that the petitioner is not duly qualified as on the date of occurrence of vacancy and therefore there is no illegality in Ext.P15 order.
6. The 3rd respondent, the Regional Deputy Director of Higher Secondary Education, also filed counter affidavit disputing the averments contained in the writ petition, justifying the stand taken in Ext.P15.
7. A reply affidavit was filed by the petitioner reiterating her contentions and producing additional documents to substantiate the case of the petitioner.
8. WP(C)No.39320/2022 and WP(C)No.27229/2023 were filed by one Eldho Jose who is working as U.P.S.T in one of the schools of the 4th respondent in WP(C)No.31713/2022. He is aggrieved by the 2025:KER:39284 WP(C)No.27229 of 2023 13 and Con.Cases appointment of the 5th respondent as the H.S.S.T (Junior) Economics as according to the petitioner in WP(C)No.27229/2023, (hereinafter referred to as Sri. Eldho Jose), he is more qualified than the petitioner in WP(C)No.31713/2022 and the 5th respondent therein, who are respondents 5 and 6 respectively in WP(C)No.27229/2023 and therefore he should have been given appointment as H.S.S.T (Junior) in the vacancy of Sri. K.A. Joy. In WP(C)No.39320/2022 Sri. Eldho Jose challenged the appointment of the 5th respondent as H.S.S.T (Junior) and also sought a direction to appoint the said Eldho Jose as H.S.S.T (Junior). In WP(C)No.27229/2023, the petitioner is challenging various orders issued in this regard and also seeking a declaration that the exemptions granted from State Eligibility Test, (SET) under Rule 10 of Chapter XXXII of KER, to the 5 th and 6th respondents are illegal and void.
9. The respondents therein also filed detailed counter affidavits, opposing the reliefs sought therein and raised the contentions they have already raised in WP(C)No.31713/2022.
10. Heard Sri. Elvin Peter, the learned Senior Counsel for the petitioner in WP(C)No.31713/2022 assisted by Sri.K.R.Ganesh, Sri. M.Sajjad, the learned counsel appearing for the 4 th respondent, 2025:KER:39284 WP(C)No.27229 of 2023 14 and Con.Cases Sri.Julian Xavier, the learned counsel appearing for the 5 th respondent, Sri.Premchand R. Nair, Senior Government Pleader and Smt.Sarojini K.G., Government Pleader appearing for respondents 1 to 3 and Sri. Abraham Vakkanal, the learned Senior Counsel appearing for the petitioners in WP(C)No.39320/2022 and WP(C)No.27229/2023 assisted by Sri. Paul Abraham Vakkanal.
11. It is evident from the pleadings and the records produced before this Court that, three persons are claiming the appointment as H.S.S.T (Junior) / H.S.S.T in Economics and all of them are claiming superior eligibility qualifications. The 5th respondent is the person who is already given appointment, which is under challenge in these writ petitions. He is admittedly the senior most H.S.S.T among them. As far as the petitioner in WP(C) No.31713/2022 and the 5 th respondent therein are concerned, they are HSSTs working under the school managed by the 4th respondent, whereas, the petitioner in other two writ petitions are concerned, he is working as U.P.S.T in one of the schools of the 4th respondent. As the basic question pertains to the qualifications of the persons concerned, it is only proper to go through the statutory provisions in this regard, before examining the rival contentions of the parties.
2025:KER:39284 WP(C)No.27229 of 2023 15 and Con.Cases
12. Rule 4 of Chapter XXXII of KER contemplates the method of appointment of various posts in the higher secondary section of the school, including, Higher Secondary School Teacher (Junior) (HSST Jr). Column (3) for Higher Secondary School Teacher category in Rule 4 reads as follows:
"Higher Secondary School Teacher (Junior) -:
1. (i) By transfer from qualified High School Assistants in the subject concerned under the Educational Agency.
(ii) In the absence of qualified hands under item (i) above, by transfer from qualified Upper Primary School Assistants / Lower Primary School Assistants in the subject concerned under the Educational Agency.
2. By direct appointment Note:- (i) 25% of the total posts shall be filled up by the method specified in item (I) above on seniority cum suitability basis and 75% of such post shall be filled up by direct appointment.
(ii) Librarian Grade III: When qualified persons are not available to fill up the vacancies set apart for appointment by transfer under item 1 above, such vacancies also shall be allotted for direct appointment."
Rule 6 of Chapter XXXII of KER and column 2(24) for H.S.S.T (Junior) provides the qualifications for by transfer and direct appointment, which reads as follows:
"By Transfer and by direct appointment-
(i) Master's Degree in the concerned subject with not less than 50% marks from any of the Universities in Kerala or a qualification recognised as equivalent thereto in the respective subject by a University in Kerala.
(ii) (1) B. Ed. in the concerned subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala.
(2) In the absence of persons with B.Ed. degree in the concerned subject, B. Ed. degree acquired in any one of the 2025:KER:39284 WP(C)No.27229 of 2023 16 and Con.Cases subject under the concerned Faculty as specified in the Acts /Statutes of any of the Universities in Kerala. (3) In the absence of persons with B. Ed degree as specified in items (1) and (2) above, persons with B. Ed. degree in any subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by any of the Universities in Kerala.
(iii) Pass in the State Eligibility Test for the post of Higher Secondary School Teacher conducted by Government of Kerala or by the Agency authorised by the State Government."
Rule 10 of Chapter XXXII provides for exemption from acquiring the State Eligibility Test, which is one of the qualifications prescribed for H.S.S.T (Junior) as per Rule 6 thereof. The said provision reads as follows:
"10. Exemption:- (1) Those persons who have passed the State Level Eligibility Test for post of College Lecturers conducted by Government of Kerala are exempted from passing the State Eligibility Tests for Higher Secondary School Teacher.
(2) Those persons who have passed the National Eligibility Test/Junior Research Fellowship shall be exempted from passing the State Eligibility Test. (3) Persons with Ph. D/M. Phil/ M. Ed. degree shall be exempted from passing the State Eligibility Test provided the M. Phil in the concerned subject is awarded by any of the Universities in Kerala or recognised as equivalent thereto by any of the Universities in Kerala.
4.Teachers who have completed ten years of approved teaching service at the High School level shall be exempted from passing the State Eligibility Test."
13. As far as the claim of Sri. Eldho Jose is concerned, it is to the effect that, neither the petitioner in WP(C)No.31713/2022 nor the 5th respondent therein, are eligible to be considered for appointment as H.S.S.T (Junior), as they lack one of the basic qualifications 2025:KER:39284 WP(C)No.27229 of 2023 17 and Con.Cases contemplated under Rule 6 of Chapter XXXII, which is a pass in the SET. This factual position is admitted. However, they were considered for appointment based on the specific exemption contemplated under Rule 10 (4) of Chapter XXXII referred to above, which provides that the teachers who had completed 10 years of approved teaching service at High School level, shall be exempted from passing the State Eligibility Test. The case of the said Eldho Jose is that, since the SET qualification is prescribed as one of the essential qualifications to be considered for the post of H.S.S.T (Junior), preference should have been given to a candidate who already possesses the said qualification and only in the absence of candidates with such qualification, the persons without such qualification, based on the exemption contemplated under Rule 10(4) could have been considered.
14. When considering the aforesaid question, the crucial aspect to be noticed is that, Rule 10(4) specifically provides for an exemption from obtaining the said qualification in respect of teachers, who have completed 10 years of approved teaching service. On carefully going through the statutory provisions contemplated under Chapter XXXII, it can be seen that, nowhere in the said Chapter, 2025:KER:39284 WP(C)No.27229 of 2023 18 and Con.Cases there are any provisions, which contemplate any preferential treatment to persons who have obtained the SET qualification over the candidates who lack the said qualification. Therefore, in the absence of any preferential treatment for the same, the persons who are eligible for such exemption are to be treated at par with the persons who have the SET qualification. Any other interpretation would defeat the purpose of granting such the exemption.
15. It is true that, the learned Senior Counsel appearing for Eldho Jose vehemently contended about the purpose of introducing the said qualification of SET, as according to him, it was introduced in the light of the statutory stipulation contained in the Central enactment viz.,the Right of Children to Free and Compulsory Education Act, 2009. The learned Senior Counsel also brought the attention of this Court to the National Education Policy, 2020, wherein the importance of maintaining the quality of education was highlighted.
16. Apart from the above, the learned Senior Counsel also raised the contentions against Rule 10(4) of Chapter XXXII of KER by which exemption was specifically contemplated. According to the learned Senior Counsel, the same is unreasonable and therefore liable 2025:KER:39284 WP(C)No.27229 of 2023 19 and Con.Cases to be interfered with. However, the crucial aspect to be noticed is that, in the writ petition, the petitioner did not challenge the validity of Rule 10 (4) of Chapter XXXII of KER as such, and the challenge is confined to the granting of exemption to the 5 th and 6th respondents. So long as the statutory provision contemplates the exemption, there is nothing wrong on the part of the Government in granting exemption provided under the said provision to the persons who are coming within the said provision. Therefore, I am of the view that, while granting exemption to the petitioner in WP(C)No.31713/2022 and the 5th respondent, under Rule 10 of Chapter XXXII of KER, the Government was not doing an illegal act but was only enforcing the statutory provisions. Therefore, the challenge raised by the said Eldho Jose against the same is not legally sustainable.
17. Thus, to consider the issues involved in these writ petitions, we will have to proceed with a conclusion that, the petitioner in WP(C)No.31713/2022 and the 5th respondent therein, were eligible to be considered to the post of H.S.S.T (Junior) when the vacancy arose. As mentioned above, Rule 4 of Chapter XXXII contemplates the method of appointment. Column 3(1)(i) of Rule 4, provides for appointment by way of "by transfer" from a qualified High School 2025:KER:39284 WP(C)No.27229 of 2023 20 and Con.Cases Assistant in the subject concerned under the Educational agency. Column 3(1)(ii) provides that, in the absence of qualified hands under item (1) above, appointment by way of "by transfer" from the qualified Upper Primary School Assistants/Lower Primary School Assistants in the subject concerned under the Educational agency can be considered. Thus, when a vacancy arises, the appointing authority has to consider first, whether there are any qualified High School Assistants to be appointed in the said post. As mentioned above, this Court has already found that, even though the petitioner and the 5 th respondent were not having the SET qualification, as they have completed 10 years of service in the High School level, they are exempted from obtaining such qualification, by virtue of Rule 10(4). Therefore, as they are to be treated at par with the persons having qualification of SET by virtue of the operation of Section 10(4), they have to be considered for the purpose of appointment to the post of H.S.S.T (Junior), at the first instance. Therefore, since they are eligible H.S.S.Ts to be considered for the post of H.S.S.T (Junior), the stipulations contained in Column 3 (1) (ii) to Rule 4 of Chapter XXXII would not come into play. This is because, the said provision can be made applicable only in cases where, there are no qualified High 2025:KER:39284 WP(C)No.27229 of 2023 21 and Con.Cases School Assistants, as contemplated under column 3 (1)(i) to Rule 4, which is not so in these cases. Therefore, the claim raised by the said Eldho Jose as against the qualifications of the petitioner and the 5th respondent are not legally sustainable.
18. Now the question to be considered is with respect to the dispute between the petitioner and the 5 th respondent. The specific case of the petitioner is that, as on the date when the vacancy arose, he was the only eligible candidate to be appointed, by virtue of the stipulations contained in Rule 6 of Chapter XXXII of KER. Even though the 5th respondent was senior to the petitioner, his qualification is B.Ed in Malayalam which is a qualification contemplated for H.S.S.T (Junior) under column 2 of Rule 6 under Chapter XXXII of the KER, whereas, the petitioner is a person having B.Ed degree qualification as prescribed in Rule 6 ,H.S.S.T (Junior) category under column (2)(ii)(2). A careful reading of the statutory stipulations as referred to above would indicate that, as far as B.Ed. degree is concerned three categories are mentioned as qualification. Rule 6, in H.S.S.T (Junior) Economics category under column (2)(ii) (1) contemplates that, B.Ed in the concerned subject acquired after a regular course of study from any of the Universities in Kerala or a 2025:KER:39284 WP(C)No.27229 of 2023 22 and Con.Cases qualification recognized as equivalent thereto by a University in Kerala. In this case, the post of H.S.S.T (Junior) is in Economics and the petitioner as well as the 5th respondent, do not possess a B.Ed degree in the said subject. It is to be noted that, the petitioner is holding B.Ed degree in Social Science, whereas the 5 th respondent is the holder of B.Ed degree in Malayalam. Therefore, none of the persons are having the qualifications contemplated under Rule 6, for H.S.S.T (Junior) for Economics, as per column (2)(ii)(1).
19. When coming to Rule 6, H.S.S.T(Junior) Economics, under column (2) (ii)(2) it can be seen that, the same provides that, in the absence of persons with B.Ed. degree in the concerned subject, B.Ed. degree acquired in any one of the subjects under the concerned "Faculty" as specified in the Acts/Statutes of any of the Universities in Kerala, is sufficient. It is an admitted position that, in Kerala, there is no B.Ed degree in Economics. In the absence of any persons with B.Ed.degree in Economics, it is possible for the authorities concerned, by virtue of Rule 6, for H.S.S.T (Junior) Economis under column (2)
(ii)(2) to consider the persons with B.Ed degree, acquired in any one of the subjects under the concerned Faculty, as specified in the Acts/Statutes of any of the Universities in Kerala. In this regard, 2025:KER:39284 WP(C)No.27229 of 2023 23 and Con.Cases Chapter V of Kerala University First Ordinances, 1978 becomes relevant. The said Chapter provides the Department of Studies and the faculty of Social Science mentioned therein includes Economics. Therefore, by virtue Chapter V of Kerala University First Ordinances, 1978 r/w Rule 6, under column 2 (ii)(2) Chapter XXXII of KER, a person holding the degree in B.Ed in Social Science has to be treated as a person having the qualification. As far as the appointment of the 5th respondent is concerned, if the petitioner is found eligible to be appointed for the consideration for the post of H.S.S.T, the 5 th respondent would get automatically excluded from the zone of consideration, as he is the holder of B.Ed Degree in Malayalam, which is not coming within the "faculty" as referred to above. This is because, the 5th respondent falls under the category of persons referred to in Rule 6, H.S.S.T. category under column (2) (ii)(3) which provides that, in the absence of persons with B.Ed. degree as specified in items (1)(2) above, the persons with B.Ed. degree in any subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognized as equivalent there to by any one of the Universities in Kerala, can be considered. Thus, only in the absence of any of the candidates with qualifications 2025:KER:39284 WP(C)No.27229 of 2023 24 and Con.Cases referred to in the categories in (1) and (2) referred to above, a person falls within in the category of (3) can be considered. Therefore, the only conclusion possible is that, if the petitioner's qualification is to be accepted, she has to be given preference over the qualifications of the 5th respondent.
20. However, the petitioner was not considered by the Educational agency mainly on the reason that, as on the date when the vacancy of Sri. K.A.Joy was sought to be filled up, the petitioner stood deployed as per Ext.P6 dated 25.8.2022 with effect from 15.7.2022. According to the 4 th and 5th respondents, the vacancy to which the 5th respondent was appointed arose only on 25.8.2022, the date on which Plus 1 classes commenced in the said academic year. It was contended by the said respondents that, as the petitioner was not in the seniority list of the school concerned as on the said date, she could not have been considered for the said post.
21. Of course, it is true that, in order to consider for promotion, the teacher must be on the rolls of the school and a teacher who was already deployed as on the date of occurrence of vacancy, cannot be considered for promotion based on seniority. This position has been clearly laid down by a Full Bench of this Court in 2025:KER:39284 WP(C)No.27229 of 2023 25 and Con.Cases Abraham A.G.'s case (supra) as contended by the learned counsel for the 4th respondent. However, here, the question that arises is as to when the vacancy of H.S.S.T (Junior) consequent to the retirement of Sri.K.A.Joy arose. In this regard, the specific case of the petitioner is that, the said vacancy arose immediately on the retirement of the said person and the fact that, by virtue of statutory stipulations, the filling up of the vacancy got adjourned, cannot be a reason not to consider the date of occurrence of vacancy as the relevant date for the purpose of qualifications. The learned Senior Counsel for the petitioner places reliance upon the decisions rendered by the Hon'ble Supreme Court in Smitha Johny v. Josny Varghese and Others [(2010) 13 SCC 414], Padmanabhan Nair v. Dy. Director [1991(1) KLT 337 (F.B.), Manager , Chentrappinni Secondary School and another v. State of Kerala and Others [2009(2) KLT 636] and Manju v. State of Kerala [2005(1) KLT SN 98 (C.No.122) wherein, it was held that a person qualified on the date of occurrence of vacancy which occurs immediately on the vacation of office of the incumbent, is the person eligible to be appointed in the said vacancy. On carefully going through the observations made in the aforesaid decisions, I find considerable merits in the submissions 2025:KER:39284 WP(C)No.27229 of 2023 26 and Con.Cases made by the learned Senior Counsel for the petitioner. In Smitha Johny's case (supra), the Hon'ble Supreme Court dealt with a similar situation and held that merely because, a person is senior to the other, the promotion cannot be granted unless the person concerned was qualified as on the date of occurrence of vacancy. Similarly, this Court in Chentrappinni Secondary School's case (supra) considered the question of postponement of vacancy on account of the statutory stipulations. After considering Rule 7 Chapter XIV of KER, the following observations were made by this Court in the said judgment:
"As noted already, going by R.7A of Chapter XIVA KER the manager could not have filled up the vacancy which arose on 31/03/2005, from 01/04/2005. In fact, Note 2 to R.51A also will have to be complied with by the Manager. Thus, even though the filling up of the vacancy is postponed, importance is there only to the date of occurrence of vacancy while considering the qualification and the eligibility. Otherwise, it will be an uncertain and indefinite criteria which may crop up while determining the respective rights of the claimants. The law should be definite and such definiteness, if applied, then the date of occurrence of the vacancy is the safe and relevant criteria to determine the title to get appointment. If it depends upon the date on which it is filled up, that will be an indefinite and an arbitrary criteria. There can be a situation wherein different claimants may be trying to enforce their right to the very same vacancy. In that view of the matter, going by the amendment dated 25/06/2005, the 4th respondent gets a right to get appointment in a vacancy to a teaching post which arises only from that date. Admittedly, the vacancy herein arose with effect from 01/04/2005. In that view of the matter, she will be entitled for appointment only for an appointment as HSA in a vacancy which arose subsequent to 25/06/2005."
2025:KER:39284 WP(C)No.27229 of 2023 27 and Con.Cases In Ext.P8, i.e the decision in Manju's case (supra), the position of law in this regard was reiterated by holding that, mere postponement of filling up of the vacancy will not change the criteria regarding the qualification to be applied and it has to be as on the date of occurrence of vacancy. In this case, admittedly, the vacancy arose consequent to the retirement of Sri. K.A.Joy and the deployment of the petitioner as per Ext.P6 was on 25.8.2022 with effect from 15.7.2022. Since the retirement was admittedly on 31.3.2022, the said vacancy arose prior to 15.7.2022 and evidently, as on the said date, the petitioner was on the rolls of the school. Therefore, the deployment of the petitioner, as evidenced by Ext.P6, cannot have any impact on the right of the petitioner to be considered for promotion as HSST (Junior) as against the retirement vacancy of Sri. K.A. Joy.
22. Another contention raised by the Government as well as the party respondents is that, the petitioner does not possess the requisite qualification. This contention is raised mainly on the ground that the petitioner had obtained B.Ed. qualification from Dakshin Bharat Hindi Prachar Sabha and it is not a degree acquired after a 2025:KER:39284 WP(C)No.27229 of 2023 28 and Con.Cases regular course of study from any of the Universities in Kerala. It was pointed out that, the same was not recognized by the Government or University, which is one of the requirements contemplated under Rule 6 of Chapter XXXII of the KER. However, on carefully going through the contents of Rule 6, it can be seen that in addition to the B.Ed qualification acquired after a regular course of study from any of the Universities in Kerala, a qualification recognized as equivalent there to by a University in Kerala, can also be treated as eligible qualification. In this regard, the learned Senior Counsel referred to Ext.P9 to P13 Government Orders where the B.Ed.degree of Dakshin Bharat Hindi Prachar Sabha was treated as a degree equivalent to B.A. Degree awarded by the Universities. Apart from the above, Ext.P18 eligibility certificate issued by the Mahatma Gandhi University, and the Ext.P19 certificate issued by Kannur University were also relied on to show that the degree obtained by the petitioner from Dakshin Bharat Hindi Prachar Sabha is recognised by the respective Universities. In the light of the aforesaid documents, I find that, the contentions raised by the respondents with regard to B.Ed. degree obtained by the petitioner are also not sustainable as she is having B.Ed degree equivalent to a degree acquired after a regular 2025:KER:39284 WP(C)No.27229 of 2023 29 and Con.Cases course of study from any of the Universities in Kerala. Thus, on going through the entire materials placed on record and examining the contentions raised by all the parties, the following conclusions are arrived at by this Court:
i) The petitioner in WP(C)No.31713/2022 was the only candidate with necessary qualifications to be considered for the appointment of H.S.S.T (Junior) as against the retirement vacancy of Sri. K.A.Joy
ii) Therefore, the petitioner should have been appointed in the said vacancy and the appointment given to the 5 th respondent was not legally sustainable.
iii) Since the petitioner was to be appointed in the retirement vacancy of Sri.K.A.Joy, when the vacancy of HST (English) arose consequent to the retirement of Sri. P.D. Jose, with effect from 14.7.2023, it should have been granted to the petitioner and it is declared so.
iv) The petitioner in WP(C)No.39320/2022 and WP(C)No.27229/2023 is not eligible to claim any by transfer appointment to the post of H.S.S.T (Junior), as against the vacancy arose in the schools under the 4th respondent, so long as there are 2025:KER:39284 WP(C)No.27229 of 2023 30 and Con.Cases eligible HSSTs to be considered for the said post. In such circumstances, WP(C)No.39320/2022 and WP(C)No.27229/2023 are dismissed.
v) WP(C)No.31713/2022 is disposed of setting aside Ext.P15 with a direction to the 4th respondent to appoint the petitioner as H.S.S.T (Junior) Economics with effect from 01.06.2022 as she is having better claim over the 5 th respondent. There shall also be a direction to the 4th respondent, to appoint the petitioner as H.S.S.T Junior (Economics) with effect from 15.7.2023. It is clarified that, the appointment of the petitioner with retrospective effect shall be notional, without any claim for monetary benefits. Such appointment orders shall be issued within a period of one month from the date of receipt of a copy of this judgment and thereupon the 2 nd respondent shall approve the said appointments.
vi) As far as the 5th respondent is concerned, he shall be entitled to be appointed as H.S.S.T (Junior) with effect from 15.07.2023 in the promotion vacancy of the petitioner, consequent to the directions issued above. Orders in this regard shall be issued by the 4th respondent within a period of one month from the date of receipt of a copy of this judgment and the same shall be approved by 2025:KER:39284 WP(C)No.27229 of 2023 31 and Con.Cases the 2nd respondent within a period of two months from the date of receipt of a copy of the appointment order.
Sd/-
ZIYAD RAHMAN A.A. JUDGE pkk 2025:KER:39284 WP(C)No.27229 of 2023 32 and Con.Cases APPENDIX OF WP(C) 31713/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER DATED 02.06.2004 ISSUED BY THE 4TH RESPONDENT APPOINTING THE PETITIONER AS L.P.S.A. IN THE M.S.L.P.SCHOOL, KEERAMPARA.
EXHIBIT P2 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER
DATED 13.06.2011 ISSUED BY THE 4TH
RESPONDENT APPOINTING THE PETITIONER AS H.S.A. (SOCIAL SCIENCE) IN S.S.G.H.S., KEERAMPARA.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PROCEEDINGS NO.
B3/2687/18/ K.DIS. DATED 03.08.2018 ISSUED BY THE D. E.O., KOTHAMANGALAM APPROVING THE APPOINTMENT OF THE PETITIONER WITH EFFECT FROM 01.10.2011.
EXHIBIT P4 TRUE PHOTOCOPY OF THE M.A. DEGREE CERTIFICATE AWARDED BY MADHURAI KAMARAJ UNIVERSITY DATED 08.04.2015.
EXHIBIT P5 TRUE PHOTOCOPY OF THE B.ED. DEGREE CERTIFICATE AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA DATED 27.01.2010.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022 DEPLOYING THE PETITIONER FROM PROTECTION. EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 08.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R-4(A) TRUE COPY OF SENIORITY LIST OF THE STAFFS OF THE SCHOOL AS ON 01.01.2020 EXHIBIT R-4(B) TRUE COPY OF THE LETTER OF THE PRINCIPAL OF THE SCHOOL STATING THAT 1ST YEAR PLUS ONE CLASSES DURING 2022-23 ACADEMIC YEAR WAS COMMENCED ON 25.08.2022 EXHIBIT R-4(C) TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B3/45425/2022 DATED 27.08.2022 EXHIBIT R-4(D) TRUE COPY OF THE LETTER NO.
335/T2/2018/G.EDN DATED 25.02.2019 EXHIBIT R-4(E) TRUE COPY OF THE DECISION REPORTED IN 2009(3) KHC 557 (FB) DATED 29.07.2009 (ABRAHAM A.G AND OTHERS V. STATE OF KERALA 2025:KER:39284 WP(C)No.27229 of 2023 33 and Con.Cases AND OTHERS) EXHIBIT R-4(F) TRUE COPY OF CIRCULAR NO.
ACD.A4/185530/2020/HSE DATED 24.05.2022 EXHIBIT R-4(G) TRUE COPY OF DECISION IN 1981 KHC 148 DATED 03.06.1981 (VARGHESE AND OTHERS V. STATE OF KERALA AND OTHERS) PETITIONER EXHIBITS EXHIBIT P8 TRUE COPY OF THE DECISION REPORTED IN 2005 (1) KLT SN 98.
EXHIBIT P9 TRUE COPY OF THE G.O.(MS) NO. 71/88/G.EDN.
DATED 23.03.1988 ISSUED BY THE GOVERNMENT EXHIBIT P10 TRUE COPY OF THE LETTER NO.
AII(1)11462/2002/GW DATED 03.08.2002 SENT BY THE PSC.
EXHIBIT P11 TRUE COPY OF THE G.O.(RT.) NO.
2169/2013/H.EDN. DATED 31.10.2013 ISSUED BY THE GOVERNMENT.
EXHIBIT P12 TRUE COPY OF THE G.O.(RT.) NO.
1655/2018/HEDN DATED 06.09.2018 EXTENDING THE RECOGNITION GRANTED AS PER EXT.P11 EXHIBIT P13 TRUE COPY OF THE G.O.(RT.) NO.
1600/2021/HEDN DATED 30.11.2021 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R-4 (H) TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 20.02.2023 EXHIBIT R-4(I) TRUE COPY OF THE DECISION REPORTED IN 2005 KHC 823 DATED 27.05.2005 PETITIONER EXHIBITS EXHIBIT P14 TRUE COPY OF THE ORDER NO. 23(T)/2023-24 DATED 15.07.2023 NULLIFYING THE APPOINTMENT OF THE PETITIONER AS HSST (ECONOMICS).
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 15.07.2023 APPOINTING HR 5TH RESPONDENT AS HSST (ECONOMICS) WITH EFFECT FROM 15.07.2023. EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS DATED 15.07.2023 APPOINTING THE PETITIONER AS HSST (JUNIOR) ECONOMICS WITH EFFECT FROM 15.07.2023.
EXHIBIT P17 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2023 ISSUED TO THE PETITIONER.
RESPONDENT EXHIBITS 2025:KER:39284 WP(C)No.27229 of 2023 34 and Con.Cases EXHIBIT R3(A) TRUE COPY OF THE LR.NO.234/T2/2019/GEDN OF GENERAL EDUCATION DPT. DATED 12.07.2019. EXHIBIT R3(B) TRUE COPY OF THE LR.NO.335/T2/2018/GEDN DATED 22/05/2019.
EXT.R5(2) TRUE COPY OF THE APPOINTMENT ORDER DATED
28.09.2022 ISSUED BY THE 4TH RESPONDENT
EXT.R5(3) TRUE COPY OF THE LETTER NO.
335/P2/2018/G.EDN DATED 22.05.2019 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXT.R5(4) TRUE COPY OF THE CIRCULAR NO.
ACD.A4/185530/2020/HSD DATED 24.05.2022 ISSUED BY THE 2ND RESPONDENT EXT.R5(1) COPY OF THE SENIORITY LIST PUBLISHED AS ON 01.01.2020 BY THE 4TH RESPONDENT PETITIONER EXHIBITS EXHIBIT P18 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 12.02.2023 ISSUED BY THE MAHATMA GANDHI UNIVERSITY CERTIFYING THAT THE DEGREE OF BACHELOR OF EDUCATION AWARDED BY THE DAKSHINA BHARAT HINDI PRACHAR SABHA, TAMIL NADU TO THE PETITIONER IS RECOGNIZED BY THE MAHATMA GANDHI UNIVERSITY.
EXHIBIT P19 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 05.05 2023 AWARDED BY THE KANNUR UNIVERSITY CERTIFYING THAT THE DEGREE OF BACHELOR OF EDUCATION AWARDED BY THE DAKSHINA BHARAT HINDI PRACHAR SABHA, TAMIL NADU TO THE PETITIONER IS RECOGNIZED BY THE KANNUR UNIVERSITY.
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION NO. AC-A1- 3/305/86(3)/ DATED 16.10.1986 ISSUED BY THE UNIVERSITY.
2025:KER:39284 WP(C)No.27229 of 2023 35 and Con.Cases APPENDIX OF WP(C) 39320/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT: 01-06-2009.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF STAFF OF ST. STEPHENS EDUCATIONAL AGENCY AS ON 01-01- 2020 .
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT: 28-05-2022 FOR THE POST OF HSST JR. ECONOMICS.
EXHIBIT P4 TRUE COPY OF THE ORDER DT. 07-10-2022 IN WP(C) 21 31713/202.
EXHIBIT P5 TRUE COPY OF THE PETITIONER'S B.ED DEGREE CERTIFICATE DT: 02-10-2010 .
EXHIBIT P5 A TRUE COPY OF THE MA DEGREE CERTIFICATE DT.
17-22011 OF THE PETITIONER .
EXHIBIT P5 B TRUE COPY OF THE STATE ELIGIBILITY TEST CERTIFICATE DT: 30-09-2015 OF THE PETITIONER .
EXHIBIT P6 TRUE COPY OF THE LETTER DT: 02-08-2022 OF R4, MANAGER .
EXHIBIT P6 A TRUE COPY OF THE REPLY DT: 24-09-2022 OF THE RDD.
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER TO RDD (WITHOUT ENCLOSURES) DT:
29-07-2022 UNDER RTI ACT 3 16.
EXHIBIT P7 A TRUE COPY OF THE RTI REPLY DT: 01-09-2022 OF RDD .
EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER H. 2/4/22/ G.EDN. DT. 28-5-2022.
EXHIBIT P9 TRUE COPY OF THE G.O.(P).NO. 2/2009/G.EDN.
DT. 5-1- 2009.
RESPONDENT EXHIBITS EXHIBIT R6(A) TRUE COPY OF THE ORDER DATED 02.06.2004 ISSUED BY THE 4TH RESPONDENT.
PETITIONER EXHIBITS EXHIBIT P10 TRUE COPY OF THE G.O.(MS).NO. 16/2010/G. EDN. DT.18.01.2010.
RESPONDENT EXHIBITS EXHIBIT R6(B) TRUE COPY OF THE APPOINTMENT ORDER DATED 2025:KER:39284 WP(C)No.27229 of 2023 36 and Con.Cases 13.06.2011 ISSUED BY THE 4TH RESPONDENT ALONG WITH TYPED COPY EXHIBIT R6(C) TRUE COPY OF THE PROCEEDINGS NO.
B3/2687/18/K.DIS. DATED 03.08.2018.
EXHIBIT R6(D) TRUE COPY OF THE M.A. DEGREE CERTIFICATE AWARDED BY MADHURAI KAMARAJ UNIVERSITY TO THE 6TH RESPONDENT.
EXHIBIT R6(E) TRUE COPY OF THE B.ED. DEGREE CERTIFICATE DATED 27.01.2010 AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA TO THE 6TH RESPONDENT.
EXHIBIT R6(F) TRUE COPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022. EXHIBIT R6(G) TRUE COPY OF THE REPRESENTATION DATED 08.08.2022 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT.
EXHIBIT R6(H) TRUE COPY OF THE ORDER NO. 23 (T)/2023-24
DATED 15.07.2023 ISSUED BY THE 4TH
RESPONDENT NULLIFYING THE APPOINTMENT OF THE 6TH RESPONDENT AS HSST (ECONOMICS).
EXHIBIT R6(I) TRUE COPY OF THE ORDER DATED 15.07.2023 APPOINTING THE 4TH RESPONDENT AS HSST (ECONOMICS) WITH EFFECT FROM 15.07.2023 ALONG WITH TYPED COPY EXHIBIT R6(J) TRUE COPY OF THE PROCEEDINGS DATED 15.07.2023 APPOINTING THE 6TH RESPONDENT AS HSST (JUNIOR) ECONOMICS WITH EFFECT FROM 15.07.2023.
EXHIBIT R6(K) TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2023 ISSUED TO THE 6TH RESPONDENT ALONG WITH TYPED COPY PETITIONER EXHIBITS EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO. ACD.
A4/185530/2020/HSE DATED 24-5-2022.
EXHIBIT P12 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 27-08-2022 IN RESPECT OF SSGHS KEERAMPARA.
EXHIBIT P13 TRUE COPY OF G.O.(MS) NO. 220/2022/GEDN DT.
02-12-2022.
EXHIBIT P14 A TRUE COPY OF THIS LETTER NO. ACD.
C1/83353/2017/H.S.E DATED 31-10-2017 OF THE DIRECTOR, HIGHER SECONDARY EDUCATION.
2025:KER:39284 WP(C)No.27229 of 2023 37 and Con.Cases APPENDIX OF WP(C) 27229/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT: 01-06-2009.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF STAFF OF ST. STEPHENS EDUCATIONAL AGENCY AS ON 01-01- 2020.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT: 28-05-2022.
EXHIBIT P4 TRUE COPY OF THE ORDER DT. 07-10-2022 IN WP(C).NO. 31713/2022.
EXHIBIT P4(A) TRUE COPY OF THE ORDER DT. 06-12-2022 IN WP(C).NO. 39320 /2022.
EXHIBIT P5 TRUE COPY OF THE B.ED DEGREE CERTIFICATE DT:
02-02-2010 OF THE PETITIONER.
EXHIBIT P5(A) TRUE COPY OF THE MA DEGREE CERTIFICATE DT.
17-2-2011 OF THE PETITIONER.
EXHIBIT P5(B) TRUE COPY OF THE STATE ELIGIBILITY TEST
CERTIFICATE DT: 30-09-2015 OF THE
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LETTER DT: 02-08-2022 OF R4
MANAGER.
EXHIBIT P6(A) TRUE COPY OF THE REPLY DT: 24-09-2022 OF THE
RDD.
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
PETITIONER TO RDD DT: 29-07-2022 UNDER RTI ACT.
EXHIBIT P7(A) TRUE COPY OF THE REPLY DT: 01-09-2022 OF RDD (WITHOUT ENCLOSURES).
EXHIBIT P8 TRUE COPY OF THE REQUEST DT. 31-5-2023 GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE ORDER DT. 15-07-2023 APPOINTING THE 5TH RESPONDENT, SHRI. BIJU JOSE GEORGE, AS HSST (ECONOMICS) W.E.F. 15- 07-2023.
EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DT. 15-07-2023 APPOINTING THE 6TH RESPONDENT, SMT. BELJA JOSE, AS HSST (JUNIOR) ECONOMICS W.E.F. 15- 07-2023.
EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER DT. 15- 07-2023 ISSUED TO THE 6TH RESPONDENT SMT. BELJA JOSE AS HSST (JUNIOR) ECONOMICS. EXHIBIT P12 TRUE COPY OF THE ORDER DT. 25-7-2023 ISSUED 2025:KER:39284 WP(C)No.27229 of 2023 38 and Con.Cases BY THE 3RD RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DT. 30-7- 2023 GIVEN TO THE 3RD RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE GOVERNMENT LETTER H. 2/4/22/ G.EDN. DT. 28-5-2022 BY WHICH K-TET QUALIFICATION IS MADE COMPULSORY FOR APPOINTMENTS TO TEACHING POSTS EVEN FOR COMPASSIONATE APPOINTMENTS.
EXHIBIT P15 TRUE COPY OF THE G.O.(P).NO. 2/2009/G.EDN.
DT. 5-1-2009 BY WHICH THE EXEMPTION FROM B.ED (ENGLISH) GRANTED FOR HSA (ENGLISH) APPOINTMENTS IS WITHDRAWN.
EXHIBIT P16 TRUE COPY OF THE G.O.(MS).NO. 16/2010/G. EDN. DT. 18-1-2010 BY WHICH EXEMPTION FROM TEST QUALIFICATION GRANTED TO CLERKS IN AIDED SCHOOLS IS WITHDRAWN.
RESPONDENT EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE LETTER NO. 234/T2/2019/GEDN DATED. 12.7.19 EXHIBIT R6(A) TRUE COPY OF THE ORDER DATED 02.06.2004 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT R6(C) TRUE COPY OF THE PROCEEDINGS NO.
B3/2687/18/K.DIS. DATED 03.08.2018. EXHIBIT R6(D) TRUE COPY OF THE M.A. DEGREE CERTIFICATE DATED 08.04.2015 AWARDED BY MADHURAI KAMARAJ UNIVERSITY TO THE 6TH RESPONDENT.
EXHIBIT R6(E) TRUE COPY OF THE B.ED. DEGREE CERTIFICATE DATED 27.01.2010 AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA TO THE 6TH RESPONDENT.
EXHIBIT R6(F) TRUE COPY OF THE ORDER NO.
H.2/5594/2022/D.G.E. DATED 25.08.2022. EXHIBIT R6(G) TRUE COPY OF THE REPRESENTATION DATED 08.08.2022 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT.
EXHIBIT R6(H) TRUE COPY OF THE ORDER NO. 23 (T)/2023-24 DATED 15.07.2023 ISSUED BY THE 4TH RESPONDENT NULLIFYING THE APPOINTMENT OF THE 6TH RESPONDENT AS HSST (ECONOMICS).
EXHIBIT R6(J) TRUE COPY OF THE PROCEEDINGS DATED 15.07.2023 APPOINTING THE 6TH RESPONDENT AS HSST (JUNIOR) ECONOMICS WITH EFFECT FROM 15.07.2023.
EXHIBIT R6(B) TRUE COPY OF THE APPOINTMENT ORDER DATED 13.06.2011 ISSUED BY THE 4TH RESPONDENT.
2025:KER:39284 WP(C)No.27229 of 2023 39 and Con.Cases EXHIBIT R6(I) TRUE COPY OF THE ORDER DATED 15.07.2023 APPOINTING THE 4TH RESPONDENT AS HSST (ECONOMICS) WITH EFFECT FROM 15.07.2023. EXHIBIT R6(K) TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2023 ISSUED TO THE 6TH RESPONDENT. PETITIONER EXHIBITS EXHIBIT P17 TRUE COPY OF THE CIRCULAR NO. ACD.
A4/185530/2020/HSE DATED 24-5-2022.
EXHIBIT P18 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 27-08-2022 IN RESPECT OF SSGHS KEERAMPARA.
EXHIBIT P19 TRUE COPY OF G.O.(MS) NO. 220/2022/GEDN DT.
02-12-2022.
EXHIBIT P20 A TRUE COPY OF THIS LETTER NO. ACD.
C1/83353/2017/H.S.E DATED 31-10-2017 OF THE DIRECTOR, HIGHER SECONDARY EDUCATION.
EXHIBIT P21 TRUE COPY OF THE CLARIFICATORY ORDER NO:
J.A2/192/2024- GEN. EDN DT: 09-11-2024 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.