Anjali S. and Others v State of Kerala and Others

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ``` ``` THURSDAY, THE 27[TH]DAY OF OCTOBER 2022 / 5TH KARTHIKA,1944 WP(C) NO. 34224 OF 2022 ``` ``` PETITIONER/S: ``` ``` 1ANJALI.S AGED 31 YEARS D/O. SANTHOSH KUMAR C.R., POURNAMY, PUTHANPISHARAM, TUVVUR P.O., MALAPPURAM- 679327. 2RAHEENA P., AGED 32 YEARS, D/O. ABDURAHIMAN P., EDAKKOT HOUSE, EKKAPARAMBA, KUZHIMANNA, MALAPPURAM-673641. 3LUBAINA C., AGED 27 YEARS, D/O. KUNHIMUHAMMED, CHENAKKULAMHOUSE, POOKKOTTUR P.O., MALAPPURAM-676517. 4SRUTHI T., AGED 29 YEARS, D/O SUDHAKARAN C.V., CHURIKKANVALAPPIL, VELLAT, KILAYIKODE P.O., CHERUVATHUR (VIA), KASARAGOD -671313. 5JANNATHSHIRIN M.K., D/O. SAINUDHEEN M.K., AGED 27 YEARS, MALYILKANNANCHERI HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM- 673314. 6SITHARA P.K., D/O. SATHEESHAN, AGED 34 YEARS, SNEHALAYAM, THOLAMBRA P.O., PERAVOOR (VIA), KANNUR-670673. 7RAJITHA K., AGED 35 YEARS, W/O. JAYAPRAKASH T., THITTAYIL HOUSE, NELLIKKUTH P.O., MANJERI, MALAPPURAM-676122. 8JINSY P., AGED 26 YEARS, D/O. MOHAMMED ALI P., PULIKKAL HOUSE, KIZHUPARAMBA, MALAPPURAM-673639. ``` 2 W.P. (C) No34224 of 2022 - `9 ZEENATH M.T., AGED 42 YEARS, W/O. ABDUL HAMEED E.K., ELLIKUTH HOUSE, PULVETTA P.O., KARUVARAKUNDU, MALAPPURAM- 676523.` - `10 NASWEEBA M., AGED 28 YEARS, D/O.ALAVI M., MODATHEERI HOUSE, NARUKARA P.O., MANJERI (VIA), MALAPPURAM- 676122.` - `11 NADA AMAL K.T., AGED 27 YEARS, D/O. DR. FAZLULLHA K.T., DARULMANAR HOUSE, KUNIYIL, KIZHUPARAMB P.O., AREACODE (VIA), MALAPPURAM -673639.` ``` 12SABITHA K., AGED 31 YEARS, D/O. BALAKRISHNAN K., MANALIKUZHI HOUSE, POOLAMANNA P.O., PANDIKKAD, MALAPPURAM-679327. ``` ``` 13RISWANA N. , AGED 27 YEARS, D/O. UNNI HASSAN N., NUMBATH HOUSE, ATHANIKKAL, VALLUVAMBRAM P.O., MALAPPURAM-673642. ``` - `14 MUHSINA C.P., AGED 38 YEARS, D/O. ABOOBACKER C.P., CHOLEMPARA HOUSE, VADAKKANGARA P.O., MALAPPURAM-679324.` ``` 15FATHIMATHUSANIBA V., AGED 35 YEARS, D/O. KUNHI MOHAMMED V., VADAKKENGARA HOUSE, DAYA NAGAR, KONDOTTY P.O., MALAPPURAM-673638. ``` ``` BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI ``` ## `RESPONDENT/S:` ``` 1STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. ``` 3 W.P. (C) No34224 of 2022 - `2 STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (SCERT), POOJAPPURA P.O., THIRUVANANTHAPURAM - 695012, REPRESENTED BY ITS DIRECTOR.` - `3 DIRECTOR, STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (SCERT), POOJAPPURA P.O., THIRUVANANTHAPURAM – 695012.` - `4 KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM 695 004, REPRESENTED BY ITS SECRETARY.` ``` 5DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM-695014. ``` ``` SMT.MARY BEENA JOSEPH, SR GP ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON27.10.2022,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` 4 W.P. (C) No34224 of 2022 ## **JUDGMENT** The petitioners herein are candidates who have applied for the selection and appointment to the post of High School Assistant (Natural Science) in the Kerala Government Service pursuant to Ext.P31 notification. They have approached this Court seeking declaration that the action on the part of respondent No.1 to exclude graduates/postgraduates in the subjects of Microbiology, Home Science and Family and Community Science from being considered to the post of HSA (Natural Science) is arbitrary, illegal and violation of the fundamental rights and constitutional rights guaranteed to the petitioner under various Articles of the Constitution of India. They have also sought for quashing Ext.P33 Government Order which states that Graduation/Post Graduation Degrees in Microbiology, Home Science, Family & Community Science cannot be treated as a basic qualification to the post of HSA (Natural Science). 2. When this matter came up for admission, it is pointed out by the learned Government Pleader by referring to Ext.P31 notification that the petitioners are aspirants for posts in the Kerala Government Service, 5 W.P. (C) No34224 of 2022 and in that view of the matter, the petitioners may have to approach the Tribunal constituted under the Kerala Administrative Tribunals Act. 3. The learned Standing Counsel appearing for the Kerala Public Service Commission confers with the submissions of the learned Government Pleader. 4. The learned counsel appearing for the petitioners submitted that though it may be true that the petitioners had applied for Kerala Government Service, the fact remains that teachers who aspire for the post of HST (Natural Science) in Aided Schools would also be affected by Ext.P33 order. 5. I have considered the submissions advanced. 6. The contentions advanced by both sides with regard to the maintainability of the writ petition will have to be considered in light of S.15(1) of the Administrative Tribunals Act, 1985. The said provision reads thus: **“15. Jurisdiction, powers and authority of State Administrative Tribunals.--** (1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to- (a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State; 6 W.P. (C) No34224 of 2022 (b) all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation or society owned or controlled by the State Government; (c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.” 7. The Administrative Tribunal was constituted to exercise all the jurisdiction, powers, and authority exercisable by all courts (except the Supreme Court) in relation to recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State. Article 309 is the provision in the Constitution that empowers the appropriate Legislature to frame rules to regulate recruitment to public services and the post. ‘Recruitment’, according to the dictionary, means ‘enlist’. It is a comprehensive term and includes any method provided for inducting a person in public service. Appointment, selection, promotion, and deputation are all well-known methods of recruitment. (See **K. Narayanan and Others v State of Karnataka and Others** [1993 SCALE (3) 614]. In other words, recruitment, and matters concerning 7 W.P. (C) No34224 of 2022 ## recruitment, to any civil service of the State or to any civil post under the State can only be entertained by the tribunal constituted under the Act. ## 8. In **L. Chandrakumar v. Union of India,** (1997) 3 SCC 261, the apex Court in paragraph No. 99 has held as under:— “99. In view of the reasoning adopted by us, we hold that Clause 2(d) of Article 323A and Clause 3(d) of Article 323B, to the extent they exclude the jurisdiction of the High Courts and the Supreme Court under Articles 226/227 and 32 of the Constitution, are unconstitutional. Section 28 of the Act and the “exclusion of jurisdiction” clauses in all other legislations enacted under the aegis of Articles 323A and 323B would, to the same extent, be unconstitutional. The jurisdiction conferred upon the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution is part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution. The Tribunals created under Article 323A and Article 323B of the Constitution are possessed of the competence to test the constitutional validity of statutory provisions and Rules. All decisions of these Tribunals will, however, be subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the Tribunal concerned falls. The Tribunals will, nevertheless, continue to act like courts of the first instance in respect of the areas of law for which they have been constituted. It will not, therefore, be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the Tribunal concerned. 9. The conclusion is inescapable that the prayers sought by the petitioners in this Writ Petition would fall within the purview of S.15(1) of the Administrative Tribunals Act. Consequently, I hold that this writ petition is not maintainable before this Court. The Registry shall return the Writ 8 W.P. (C) No34224 of 2022 Petition. The decision taken as above shall be without prejudice to the right of the petitioners to approach the Kerala Administrative Tribunal for the reliefs prayed for in this Writ Petition. The Tribunal shall consider the matter untrammeled by any of the observations made by this Court while disposing of this writ petition. There will be no order as to costs. Sd/- **RAJA VIJAYARAGHAVAN V JUDGE** Sru 9 W.P. (C) No34224 of 2022 ## `APPENDIX OF WP(C) 34224/2022` ``` PETITIONERS EXHIBITS ``` |`Exhibit P1`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| |---|---| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.1 BY`| ||`THE MAHATMA GANDHI UNIVERSITY DATED 05.11.2014.`| |`Exhibit P2`|`TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.1 BY`| ||`THE UNIVERSITY OF CALICUT DATED 09.11.2016.`| |`Exhibit P3`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.2 BY`| ||`THE BHARATHIAR UNIVERSITY DATED 10.08.2012.`| |`Exhibit P4`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.2 BY UNIVERSITY OF CALICUT DATED 06.05.2017.`| |`Exhibit P5`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.3 BY`| ||`THE UNIVERSITY OF CALICUT DATED 16.05.2017.`| |`Exhibit P6`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.3 BY UNIVERSITY OF CALICUT DATED 30.01.2020.`| |`Exhibit P7`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.4 BY`| ||`THE CENTRAL UNIVERSITY OF KERALA DATED`| ||`19.07.2016.`| |`Exhibit P8`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.4 BY KANNUR UNIVERSITY DATED 06.03.2021.`| |`Exhibit P9`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| 10 W.P. (C) No34224 of 2022 ||`CERTIFICATE ISSUED TO THE PETITIONER NO.5 BY`| |---|---| ||`THE UNIVERSITY OF CALICUT DATED 17.10.2018.`| |`Exhibit P10`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.5 BY UNIVERSITY OF CALICUT DATED 06.01.2022.`| |`Exhibit P11`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.6 BY`| ||`THE KANNUR UNIVERSITY DATED 01.01.2011.`| |`Exhibit P12`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.6 BY KANNUR UNIVERSITY DATED 06.01.2016.`| |`Exhibit P13`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.7 BY`| ||`THE BHARATHIAR UNIVERSITY DATED 29.06.2012.`| |`Exhibit P14`|`THE TRUE COPY OF THE BACHELOR EDUCATION DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.7 BY`| ||`UNIVERSITY OF CALICUT DATED 17.02.2018.`| |`Exhibit P15`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.8 BY`| ||`THE UNIVERSITY OF CALICUT DATED 20.08.2018.`| |`Exhibit P16`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.8 BY UNIVERSITY OF CALICUT DATED 12.05.2022.`| |`Exhibit P17`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.9 BY`| ||`THE UNIVERSITY OF CALICUT DATED 21.04.2008.`| |`Exhibit P18`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.9 BY UNIVERSITY OF CALICUT DATED 15.10.2004.`| |`Exhibit P19`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.10 BY`| ||`THE UNIVERSITY OF CALICUT DATED 11.04.2018.`| 11 W.P. (C) No34224 of 2022 |`Exhibit P20`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| |---|---| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.10 BY UNIVERSITY OF CALICUT DATED`| ||`15.01.2020.`| |`Exhibit P21`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.11 BY`| ||`THE UNIVERSITY OF CALICUT DATED 15.05.2018.`| |`Exhibit P22`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.11 BY UNIVERSITY OF CALICUT DATED`| ||`05.11.2021.`| |`Exhibit P23`|`THE TRUE COPY OF THE POST GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.12 BY`| ||`THE MAHATMA GANDHI UNIVERSITY DATED 12.07.2016.`| |`Exhibit P24`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.12 BY UNIVERSITY OF CALICUT DATED`| ||`28.09.2018.`| |`Exhibit P25`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.13 BY`| ||`THE UNIVERSITY OF CALICUT DATED 02.07.2016.`| |`Exhibit P26`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.13 BY THE UNIVERSITY OF CALICUT TED`| ||`20.08.2019.`| |`Exhibit P27`|`THE TRUE COPY OF THE GRADUATE DEGREE`| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.14 BY`| ||`THE UNIVERSITY OF CALICUT DATED 10.03.2005.`| |`Exhibit P28`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`PROVISIONAL DEGREE CERTIFICATE ISSUED TO THE`| ||`PETITIONER NO. NO.14 BY UNIVERSITY OF CALICUT`| ||`DATED 13.05.2016.`| 12 W.P. (C) No34224 of 2022 |`Exhibit P29`|`THE TRUE COPY OF THE GRADUATE DEGREE`| |---|---| ||`CERTIFICATE ISSUED TO THE PETITIONER NO.15 BY`| ||`THE UNIVERSITY OF CALICUT DATED 15.6.10.`| |`Exhibit P30`|`THE TRUE COPY OF THE BACHELOR OF EDUCATION`| ||`DEGREE CERTIFICATE ISSUED TO THE PETITIONER`| ||`NO.15 BY UNIVERSITY OF CALICUT DATED`| ||`22.05.2014.`| |`Exhibit P31`|`THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE`| ||`RESPONDENT NO.4 DATED 30.12.2020.`| |`Exhibit P32`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.1 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(A)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.2 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(B)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.3 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(C)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.4 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(D)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.5 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(E)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.6 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(F)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.7 BY THE`| ||`RESPONDENT NO.4.`| |`Exhibit P32(G)`|`THE TRUE COPY OF THE PROVISIONAL ADMISSION`| ||`TICKET ISSUED TO THE PETITIONER NO.8 BY THE`| 13 W.P. (C) No34224 of 2022 ``` RESPONDENT NO.4. ``` - `Exhibit P32(H) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.9 BY THE RESPONDENT NO.4.` - `Exhibit P32(I) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.10 BY THE RESPONDENT NO.4.` - `Exhibit P32(J) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.11 BY THE RESPONDENT NO.4.` - `Exhibit P32(K) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.12 BY THE RESPONDENT NO.4.` - `Exhibit P32(L) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.13 BY THE RESPONDENT NO.4.` - `Exhibit P32(M) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.14 BY THE RESPONDENT NO.4.` - `Exhibit P32(N) THE TRUE COPY OF THE PROVISIONAL ADMISSION TICKET ISSUED TO THE PETITIONER NO.15 BY THE RESPONDENT NO.4.` - `Exhibit P33 THE TRUE COPY OF GOVERNMENT ORDER NO. G.O.(MS) NO. 166/2022/GEDN DATED 22.09.2022 ISSUED BY THE RESPONDENT NO.1 DATED 22.09.2022.` - `Exhibit P34 THE TRUE COPY OF THE G.O. (MS) NO. 141/88/GEDN ISSUED BY THE RESPONDENT NO.1 DATED 13.09.1988.` - `Exhibit P35 THE TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT NO.1 DATED 12.05.2022` ``` RESPONDENTS EXHIBITS : NIL ```