Ajith K.V. and others v. State of Kerala and Director of Higher Secondary Education and others

## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : ## THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 ## WP(C).No. 16978 of 2010(V) -------------------------- ## PETITIONER(S): - --------------- ## 1. AJITH K.V, LAB ASSISTANT, G.G.H.S.S.MATTANCHERRY ERNAKULAM-682002 ## 2. RAHUL T.G., LAB ASSISTANT, GOVT.H.S.S.TRICKODITHANAM, CHANGANASSERRY, KOTTAYAM DIST. ## 3. BINDU P.V, LAB ASSISTANT, KSGHSS, KADAPRA, VALANJAVATTOM P.O, THIRUVALLA, KOTTAYAM DIST. ## 4. INDU K.N, LAB ASSISTANT, GOVT.H.S.S.PAZHAMTHOTTAM, PAZHAMTHOTTAM P.O, ERNAKULAM DIST. 5. SEMEENA T.A., LAB ASSISTANT, GOVT.H.S.S.PAZHAMTHOTTAM, PAZHAMTHOTTAM P.O, ERNAKULAM DIST. ## 6. KRISHNAKUMAR K.G, LAB ASSISTANT, GHSS, MULANTHURUTHY MULANTHURUTHY P.O, ERNAKULAM DIST. ## 7. SUSANTH P.S, LAB ASSISTANT, GHSS VANIYAMBALAM VANIYAMBALAM P.O, MALAPPURAM DIST. ## 8. SAJESH P.G, LAB ASSISTANT, GHSS PANG, PANG CHENDY P.O KOLATHUR VIA, MALAPPURAM DIST. 9. SAJITH M, LAB ASSISTANT, GRHSS KOTTAKKAL, KOTTAKKAL P.O, MALAPPURAM DIST. 10.SINDU K., LAB ASSISTANT, GHSS MANKADA, MANKADA P.O MALAPPURAM DIST. 11. PREM SANKAR S, LAB ASSISTANT, GOVT.H.S.S POOVAR, THIRUVANANTHAPURAM DIST. ## 12. SREEJA K, LAB ASSISTANT, G..H.S.S ATHAVANAD, ATHAVANAD P.O, TIRUNNAVAYA VIA, MALAPPURAM DIST. ## 13. SHIBILI BALAKRISHNAN, LAB ASSISTANT, GOVT.HIGHER SECONDARY SCHOOL FOR GIRLS, NADAKKAVU KOZHIKODE DIST. 14. USHAKUMARI T.K, LAB ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, ANGADICAL SOUTH, CHENGANNUR, ALAPPUZHA DIST. 15. SINILATHA H.S, LAB ASSISTANT, GOVT.HIGHER SECONDARY SCHOOL FOR GIRLS, HARIPPAD, ALAPPUZHA DIST. 16. ASHRAF K.K, LAB ASSISTANT, GOVT.SHMH.S.S EDAVANNA EDAVANNA, MALAPPURAM DIST. 17. SUJESH M, LAB ASSISTANT, GOVT.BOYS H.S.S MANJERI, MALAPPURAM DIST. 18. VASUDEVAN V.K, LAB ASSISTANT, GOVT.MODEL H.S.S. PERINTALMANNA, PERINTALMANNA P.O, MALAPPURAM DIST. 19. MILLET M.C, LAB ASSISTANT, GOVT.GIRLS H.S.S. ERNAKULAM ERNAKULAM DIST. 20. ABDUL LATHEEF A.K, LAB ASSISTANT, GOVT.GIRLS HIGHER SECONDARY SCHOOL, THALASSERRY, KANNUR DIST. 21. RAMESAN T.T, LAB ASSISTANT, GOVT.GIRLS HIGHER SECONDARY SCHOOL, THALASSERRY, KANNUR DIST. 22. SIJI.K.C, LAB ASSISTANT, GOVT.TOWN H.S.S KANNUR, KANNUR DIST. 23. REETHA K., LAB ASSISTANT, KPRGSGHSS, KALLIASSERI, KANNUR DIST. 24. PRAMEELA T.P, LAB ASSISTANT, GHSS, VALAPATTANAM KANNUR DIST. 25. SUBHASH T.V, LAB ASSISTANT, GHSS CHATTUKAPARA, KANNUR DIST. 26. CHITRA T, LAB ASSISTANT, GHSS, PUZHATHI , P.O KOTTALI, KANNUR DIST. 27. REENA J., LAB ASSISTANT, GHSS, PATTIAM, P.O PATHAYAKUNNU, KANNUR DIST. 28. SAJITH R, LAB ASSISTANT, GHSS CHAVASSERRY CHAVASSERRY P.O, KANNUR DIST. 29. SHYSI P, LAB ASSISTANT, KPRGSHSS, KALLIASSERI KANNUR DIST. 30. SUDHEER P.V, LAB ASSISTANT, E.K.N.S.G.H.S.S VENGAD KANNUR. 31. KRISHNAN ALIKKAL VEETTIL, LAB ASSISTANT, G.H.S.S PERIYA, P.O PERIYA, KASARGODE DIST. 32. SUDHAKARAN K.M, LAB ASSISTANT, G.H.S.S.HOSDURG, P.O KANHANGAD, KASARGODE DIST. 33. VINOD C, LAB ASSISTANT, G.F.H.S.S CHERUVATHUR, P.O THURUTHI, KASARGOD DIST. 34. SANTHOSH KUMAR A, LAB ASSISTANT, G.F.H.S.S BEKAL P.O BEKAL, KASARGODE DIST. 35. SASHI K., LAB ASSISTANT, G.F.H.S.S BEKAL P.O BEKAL, KASARGOD DIST. 36. GOMESH KUMAR C.P, LAB ASSISTANT, A.M.M.R.G.H.S.S NALLOORNAD, KUNNAMANGALAM P.O, WAYANAD DIST. ## BY ADV. SRI.KALEESWARAM RAJ ## RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. ## 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. ## GOVT.PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **C.T. RAVIKUMAR, J.** ## **-------------------------------------------W.P.(C). NO.16978 OF 2010** ## **--------------------------------------------** Dated this the 2[nd] day of June, 2010 ## **JUDGMENT** The petitioners are working as Laboratory Assistants in various Higher Secondary Schools in the State. Their grievance is with respect to the non-prescription of a quota for Laboratory assistants in the matter of promotion to the post of Higher Secondary School Teacher and Higher Secondary School Teacher (Junior). This Writ Petition has been filed mainly with the following prayers: _i) to issue a writ of certiorari quashing Ext.P5 as unjust, illegal and unsustainable; ii) to issue a writ of mandamus directing the first respondent to consider Exts.P1 and P2 afresh after giving an opportunity of being heard, petitioners or their representatives, untrammeled by the stand taken in Ext.P5._ 2. The first petitioner has submitted a representation before the Government, which in essence, carried a prayer for amending the Special Rules so as to include the category of Laboratory Assistant in the feeder category for appointment by transfer to the post of H.S.S.T/ HSST (Junior). The said representation was considered by the Government in **W.P.(C) NO.16978/2010** 2 the light of the Special Rules for appointment to the post of H.S.S.T/ H.S.S.T(Junior). After such consideration, the said request was rejected as per Ext.P5. In Ext.P5, it is stated thus: _In short, in the Department of Higher Secondary Education appointment to the post of HSST/HSST (Junior) is either by transfer from qualified HSST (Junior)/HSAs/UPSAs/LPSAs or by direct recruitment. No quota reservation is earmarked for ministerial staff/Laboratory Assistants. As per Special Rules for the Post of HSST (Junior) 25% of the total posts are filled up by transfer from qualified HSAs on seniority basis (in their absence by transfer from qualified UPSA/LPSAs). In Vocational Higher Secondary Education, Laboratory Technical Assistants are eligible for appointment by transfer to the post of Vocational Instructor only and not Vocational Teacher. Chances are open to the qualified Laboratory Assistants of Higher Secondary Education Department for direct recruitment. Providing quota reservation to the different categories on individual aspiration is not a good precedent._ _Hence the request is disposed of as rejected. The judgment dated 17.07.09 from the Hon'ble High Court is complied with accordingly._ 2. It is thus obvious from Ext.P5 that the claim of the petitioners was considered by the first respondent in the light of the special Rules. Admittedly, the category of Laboratory Assistants is not a feeder category for appointment to the post of HSST/HSST (Junior). The question of deleting or adding categories as feeder categories for promotion or appointment by transfer to a particular post and such other matters relating **W.P.(C) NO.16978/2010** 3 service conditions are matters falling within the domain of the executive Government. In the light of the decision of the Hon'ble Apex Court in _**Union of India v. Pushpa Rani & ors.**_ reported in **2008 (9) SCC 242** , this Court cannot interfere with such matters merely on the ground that the category to which the petitioners belong has not been included in the feeder category. The Hon'ble Apex Court held that matters relating to sources/mode of recruitment, selection criteria etc., fell in employer's domain. That apart, in this case, there is no challenge against the Special Rules for the Kerala Higher Secondary Education State Service or the Special Rules for the Kerala Higher Secondary Education Subordinate Service relating appointment to the post of HSST/HSST (Junior). Therefore, Ext.P5 being an order passed in tune with the Special Rules calls for no interference. There is no merit in the contentions of the petitioners and the Writ Petition is accordingly, dismissed. ## **(C.T. RAVIKUMAR, JUDGE)** ## **spc** 4 ## **W.P.(C) NO.16978/2010** **C.T. RAVIKUMAR, J.** **W.P.(C). NO. /2010 JUDGMENT June, 2010** # **W.P.(C) NO.16978/2010** 5