Kerala High Court
Sujitha A., W/O. Muralidharan.T.C vs State Of Kerala,Represented By on 29 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
[OP(KAT) Nos.316/2023, 319/2023]
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2025:KER:56909
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
OP(KAT) NO. 316 OF 2023
AGAINST THE ORDER DATED 24.07.2023 IN OA (EKM) NO.1264 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ERNAKULAM BENCH
PETITIONER/S:
1 SUJITHA A., W/O. MURALIDHARAN.T.C.,
AGED 45 YEARS
RESIDING AT PALERI MANDIRAM,ALAPPADAMBU,
ETTUKUDUKKA.P.O.,KANNUR, PIN - 670521
2 MARIYAM. A.P.,
AGED 37 YEARS
W/O. NIYAS, KUNNUMMAL MANATT HOUSE,PARAPPUR. P.O.,
THIRURANGADI,MALAPPURAM, PIN - 576503
3 BUSHARA. T.,
W/O. MOHAMMED. T.,THOTTATHIL HOUSE, VALANCHERY
P.O.,MALAPPURAM, PIN - 676552
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
[OP(KAT) Nos.316/2023, 319/2023]
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2025:KER:56909
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY
THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), OFFICE OF THE GENERAL EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM,
PIN - 695121
3 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
4 PRAJITHA.K.C,(IMPLEADED), AGED 39 YEARS,
W/O. SUDHEESH BABU, RESIDING AT ACHU SADANAM',
MELEVANDOORPARAMBU, MUKKOM.P.O., KOZHIKODE 673602, IS
IMPLEADED AS PER ORDER DATED 12/9/2024 IN IA 2/2024 IN
OP(KAT)316/2023
BY ADVS.
SENIOR GOVERNMENT PLEADER
SHRI A.J. VARGHESE
SHRI.AJAY SURESH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
11.07.2025, ALONG WITH OP(KAT).319/2023, THE COURT ON 29.07.2025 DELIVERED
THE FOLLOWING:
[OP(KAT) Nos.316/2023, 319/2023]
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2025:KER:56909
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
OP(KAT) NO. 319 OF 2023
AGAINST THE ORDER DATED 24.07.2023 IN OA (EKM) NO.1250 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ERNAKULAM BENCH
PETITIONER/S:
1 FATHIMA.P.,
AGED 33 YEARS
W/O. AMAL KRISHNA,RESIDING AT KALARICKAL HOUSE,
PONNUKKARA.P.O.,BHARATHA, THRISSUR, PIN - 680306
2 SATHEESH KUMAR E.K.,
AGED 42 YEARS
S/O. KUNHIRAMAN NAIR.E.K.,RESIDING AT EDAVALATH KOLIYATTU
HOUSE, BAKALAM, KANUL.P.O., KANNUR, PIN - 670001
3 SHAHARBANU K.,
AGED 36 YEARS
D/O. HYDRU, RESIDING A KANAKKANTHODIKA, KALIKAVU.P.O.,
MALAPPURAM, PIN - 676525
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
SMT.GOURI BALAGOPAL
SHRI.ABHIJITH.K.ANIRUDHAN
SHRI.SREELEKSHMI A.S.
[OP(KAT) Nos.316/2023, 319/2023]
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2025:KER:56909
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE
SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING),OFFICE OF THE GENERAL EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM,
PIN - 695121
3 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
BY ADV SENIOR GOVERNMENT PLEADER SHRI A.J. VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
11.07.2025, ALONG WITH OP(KAT).316/2023, THE COURT ON 29.07.2025 DELIVERED
THE FOLLOWING:
[OP(KAT) Nos.316/2023, 319/2023]
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2025:KER:56909
A. MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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O.P. (KAT) Nos. 316 and 319 of 2023
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Dated this the 29th day of July, 2025
JUDGMENT
A.Muhamed Mustaque, J.
The point that arises for consideration in this matter is the number of substantial vacancies available to be advised from the ranked list of the Public Service Commission (PSC) for the post of Higher Secondary School Teacher (Junior) History. The PSC ranked list came into force on 28/07/2020 and was subsequently cancelled on 27/07/2023.
2. There was a direction by this Court on 26/07/2023 in O.P.(KAT).No. 316/2023 to report 37 vacancies of HSST (Junior) History, on or before 5 pm on 27/07/2023. That order was complied with.
3. The case of the petitioners is that, consequent upon promoting HSST (Junior) as HSST (Senior), there would be [OP(KAT) Nos.316/2023, 319/2023] -:6:- 2025:KER:56909 vacancies, and there is no difficulty in advising candidates for those vacancies. They rely upon government orders directing reporting such vacancies after effecting promotion as HSST (Senior). The petitioners raised an argument based on Annexure A4 government order, wherein it was stated that if those posts in the higher category remained unfilled from the lower category, higher category vacancies shall be downgraded for the purpose of reporting vacancy to the PSC. Annexure A4, the government order is a policy decision of the Government with the intention to fill up maximum vacancies. We do not find that the above government order creates a right for the petitioners to downgrade the posts in the higher category. If at all Annexure A4 is to be construed, it only confers an enabling power and cannot be construed as to creation of a right for the candidates included in the ranked list. Therefore, this argument is untenable.
4. The Tribunal, after taking note of the statement on record by the official respondents and the vacancy position, was not ready to interfere with the matter. A statement has also been filed before this Court in O.P.(KAT). No.319/2023 by the second respondent in regard to the vacancy position. It is appropriate to reproduce the [OP(KAT) Nos.316/2023, 319/2023] -:7:- 2025:KER:56909 tabulated form of the vacancy position of HSST (History) during the period 2023-24 and 2024-25, as stated in the said statement:
VACANCY POSITION OF HSST (History) 2023 - 2024 No. In 2023-24 year Cadre strength of HSST History 504 Number of teachers working 471 16 The number of vacancies for By transfer recruitment were kept in abeyance as directed by Kerala Administrative Tribunal (Stay as per judgment dated 21/06/2016 on OA 1148/2016).
The number of LWA vacancies available during 2023-24. (As per GO (P) 3 No. 152/2020/Fin dated 5/11/2020, these vacancies could not be taken for giving promotion) The number of advices of HSST Department received from KPSC to 3 reporting of 3 vacancies [OP(KAT) Nos.316/2023, 319/2023] -:8:- 2025:KER:56909 VACANCY POSITION OF HSST (History) 2023 - 2024 No. The number of vacancies of HSST kept for accommodating teacher in a Panchayath school (when the Government took over the Panchayat schools as per Government order G.O (MS) No. 02/01/G.Edn dated 2.01.2010, the 1 Panchayath school teacher Sri. Rajan M (HSST History), in 1 WANDIPERIYAR PANCHAT HSS IDUKKI opted Government service as per the above GO. He is also included in the Final Seniority list of HSSTS' who have opted Government service. Some issues occurred, so Wandiperiyar Panchayat HSS Idukki, is blocked for accommodating that teacher.
The number of vacancies reserved for HM promotion (As 8 per the special 8 rule to maintain 2:1 (HSST:HM) ratio proportion to the post of Principal, in order to accommodate HM to Principal post vacancies of HSST post has to be reserved).
The number of vacancies reserved for by transfer appointment (The ratio of 1:3 has to be followed in the matter of appointment of HSST. So vacancies set apart for By transfer recruitment from HSA/ UPSA/LPSA. 2 Said process of appointment under above quota still under processing).Total 504
[OP(KAT) Nos.316/2023, 319/2023] -:9:- 2025:KER:56909 In 2024-25 year Cadre strength of HSST History - 494 (10 HSST History posts abolished in the staff fixation) During 2023-2024 total cadre strength was 504, out of 504, physical strength of HSST were 494 as on 21.08.2024 (Date of completion of Staff Fixation).
VACANCY POSITION OF HSST (History) 2024 - 2025 No. The number of HSST's working 472 The number of vacancy for By transfer recruitment were kept in abeyance as directed by Kerala Administrative Tribunal (Stay as per judgment dated 21/06/2016 on OA 1148/2016). 16 The number of vacancies reserved for HM promotion (As 8 per the special 4 rule to maintain 2:1 (HSST:HM) ratio proportion to the post of Principal, in order to accommodate HM to Principal post vacancies of HSST post has to be reserved).
The number of vacancies reserved for by transfer appointment (The ratio 2 of 3:1 has to be followed in the matter of appointment of HSST. So vacancies set apart for By transfer recruitment from HSA/UPSA/LPSA. Said process of appointment under above quota still under processing) Total 494 [OP(KAT) Nos.316/2023, 319/2023] -:10:- 2025:KER:56909 Further, it is stated that there exists no vacancy during the time period.
5. In light of the statement as above, we find that no grounds have been made in this matter for issuing any direction. It is to be noted that the HSST cadre follows the ratio of 1:3 between by- transfer appointment and direct recruitment. The Court cannot presume the existence of vacancies merely on the assumption that there are no candidates for by-transfer appointment, or on the assumption that there are no candidates in other categories. It is not for the Tribunal or the Court to determine the vacancy position within a department. In the absence of any manifest arbitrariness to withhold reporting of the vacancies, the Court or the Tribunal should not routinely issue directions to report vacancies. The department shall be allowed to manage its own affairs, including appointments. The Tribunal or the Court is not the appropriate forum to make a roving enquiry as to the existence of the vacancies and to direct reporting of such vacancies.
[OP(KAT) Nos.316/2023, 319/2023] -:11:- 2025:KER:56909 Anyway, we find no scope for interference. The original petitions are dismissed.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE Sd/-
JOHNSON JOHN, JUDGE ms [OP(KAT) Nos.316/2023, 319/2023] -:12:- 2025:KER:56909 APPENDIX OF OP(KAT) 319/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST NO. 219/2020/SSIV, CAT. NO. 337/2017 CAME INTO FORCE WITH EFFECT FROM 28.07.2020. ANNEXURE A2 TRUE COPY OF THE CIRCULAR NO. AD C3/273093/2022/D.G.E. DATED 24.01.2023. ANNEXURE A3 TRUE COPY OF THE ORDER. NO. AD.C.3/101/2019/P & ARD DATED 20.09.2019.
ANNEXURE A4 TRUE COPY OF THE ORDER G.O.(MS) 5/2021/P&ARD DATED 13.02.2021.
ANNEXURE A5 TRUE COPY OF THE ORDER G.O.(MS) 13/2021/P&ARD DATED 08.06.2021.
ANNEXURE A6 TRUE COPY OF THE ORDER AD.C.3/100/2022/P&ARD DATED 08.11.2022.
ANNEXURE A7 TRUE COPY OF THE ORDER NO. ADV.C3/149/18/P&ARD DATED 10.08.2018.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 1250/2023 FILED BY THE PETITIONERS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM DATED 19.07.2023. EXHIBIT P2 TRUE COPY OF THE VACANCY LIST OF HSST HISTORY (39 NOS.) PUBLISHED IN THE OFFICIAL WEBSITE OF HSE DEPARTMENT.
EXHIBIT P3 TRUE COPY OF ORDER DATED 24.07.2023 IN O.A.(EKM) NO. 1250/2023 IN THE FILE OF KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM. EXHIBIT P4 TRUE COPY OF ORDER DATED 26.7.223 IN O.P.(KAT) NO.
316/2023 IN THE FILE OF HON'BLE HIGH COURT OF KERALA.
EXHIBIT P6 True copy of the statement made by the petitioners compiling the total number of vacancies existing in the different Higher Secondary Schools Teachers existing in the different Government Higher Secondary Schools in the District in Kerala. EXHIBIT P5 True copies of the applications submitted by the candidates included in Annexure-A1 ranked list under the RTI Act before the Principals of Government Higher Secondary Schools in all the districts in the State of Kerala and the respective replies given by the Principals of Government Higher Secondary School to each application. [OP(KAT) Nos.316/2023, 319/2023] -:13:- 2025:KER:56909 APPENDIX OF OP(KAT) 316/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST NO. 219/2020/SSIV, CAT. NO. 337/2017 CAME INTO FORCE WITH EFFECT FROM 28.07.2020. ANNEXURE A2 TRUE COPY OF THE VACANCY LIST DOWNLOADED FROM THE WEBSITE OF HSE ANNEXURE A3 TRUE COPY OF THE ORDER. NO. AD.C.3/101/2019/P & ARD DATED 20.09.2019.
ANNEXURE A4 TRUE COPY OF THE ORDER G.O.(MS) 5/2021/P&ARD DATED 13.02.2021.
ANNEXURE A5 TRUE COPY OF THE ORDER G.O.(MS) 13/2021/P&ARD DATED 08.06.2021.
ANNEXURE A6 TRUE COPY OF THE ORDER AD.C.3/100/2022/P&ARD DATED 08.11.2022.
ANNEXURE A7 TRUE COPY OF THE ORDER NO. ADV.C3/149/18/P&ARD DATED 10.08.2018.
EXHIBIT P1 TRUE COPY OF THE O.A. NO. 1264/2023 FILED BY THE PETITIONERS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 24.07.2023. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24.07.2023 IN O.A. (EKM.) NO. 1264/2023 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM