High Court of KeralaDivision BenchOriginal Petition disposed of

Bindu Lekha T.A. and others v. State of Kerala and others

Case / Petition Number:OP(KAT) No. 414 of 2017 (Z)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. R. Ramachandra Menon
  • Shircy V.
Judgment Date
2017-11-07
Court Decision / Holding
Original Petition disposed of. The High Court declined to interfere with Ext. P1, while directing that any vacancies to be filled under the disputed segments shall be subject to final government orders, which must be communicated clearly to the petitioners and candidates. The Tribunal’s order remains intact, and the government’s forthcoming final decision will determine future appointments.
Final Disposition
Original Petition disposed of

Parties to the Case

Appellants / Petitioners

  • Bindu Lekha T.A.
  • Nisha S.S.
  • Latha K.

Respondents

  • State of Kerala (Education Department)
  • Kerala Public Service Commission
  • District Officer, KPSC
  • Directorate of Public Instruction
  • Deputy Director of Education

Legal Representation & Advocates

Counsels for Petitioners

  • • J. Julian Xavier
  • • Firoz K. Robin
  • • Roy Joseph
  • • Anies Mathew
  • • E. Haridas

Counsels for Respondents

  • • Antony Mukkath (Government Pleader)
  • • P. C. Sasidharan (Senior Counsel, KPSC)

Case Synopsis & Summary

The petitioners—three female teachers who cleared the Kerala Public Service Commission (KPSC) selection for the post of Head of School Assistant (Malayalam)—challenged the Kerala Administrative Tribunal’s OA 2113/2017 Ext. P1 order, which directed their representation (Ext. P1) to be considered in light of Annexures A18 and A19 while declining any stay on filling vacancies. The petition contends that Annexure A2 changes the appointment ratio to 30:30:30:10 among direct recruitment, inter-district transfer, appointment from primary teachers, and from clerks, replacing the older 3:1 ratio, thereby diluting their chances and contravening equal opportunity in public service. They sought to declare the 30% direct recruitment quota discriminatory, restrain promotions or inter-district transfers beyond certain limits, and direct the government to adopt a 1:1 ratio of direct recruitment and transfer/promotion in line with Annexures A18 and A19. They further sought a stay of appointments until final decisions. The respondents argued that government policy decisions are to be honored and staying appointments could adversely affect students’ interests. The High Court, while not interfering with Ext. P1, clarified that any future vacancies filled under the disputed segments would be subject to final government orders and communicated to eligible candidates. The petition is disposed of with the Tribunal’s order intact.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that Annexure A2 fixes a 30:30:30:10 ratio for direct recruitment, inter-district transfer, recruitment from primary teachers, and from clerks, discarding the former 3:1 ratio. They argue this constitutes discrimination and violates equal opportunity in public service. They seek to restore a fair, 1:1 ratio between direct recruitment and transfer/promotion, seek implementation in light of Annexures A18 and A19, and request stays to prevent vacancies from being filled by ineligible hands until final government orders. They maintain there is no rule justifying the new quota without due process, and that the Tribunal’s Ext. P1 direction to consider Annexures A18/A19 should not foreclose their rights. They emphasize that merit and fair opportunity must guide appointments, and seek a timely government decision within a fixed period.

Contentions of Respondents

The respondents submit that the policy decisions are prerogatives of the government and the Tribunal’s Ext. P1 order directs consideration of Annexures A18/A19, with final government orders to follow. They argue that a stay on filling vacancies would harm students’ interests and disrupt ongoing admissions. They insist that once the government takes a decision, it should be applied, and the petition should not stall vacancies already in pipeline. The respondents stress the need for finality in policy and that the court should refrain from issuing any stay that would prejudice the administration or students, as the matter concerns policy decisions and resource allocation that require time and administrative discretion.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MRS. JUSTICE SHIRCY V. TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939 ## **OP(KAT).No. 414 of 2017 (Z)** ## **----------------------------** AGAINST THE ORDER IN OA 2113/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 26-09-2016 PETITIONER(S)/APPLICANTS: ------------------------ 1. SMT.BINDU LEKHA.T AGED 41 YEARS, W/O. UNNIKRISHNAN PILLAI, UNNI NIVAS, AMALATHUMKARA P.O, KOTTARAKKARA. 2. NISHA S.S, AGED 40 YEARS, W/O. NALINAKUMAR K, SUGATHA MANDIRAM, MANDIRAM KUNNU, MATHIRA P.O, KADAKKAL, KOLLAM. 3. LATHA K, AGED 47 YEARS, W/O. DR. D. TANKARAJ, KOLLUR VILLA, PRAKASH NAGAR, POOJAPPURA P.O, THIRUVANANTHAPURAM. BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.ROY JOSEPH SMT.ANIES MATHEW SRI.E.HARIDAS RESPONDENT(S)/RESPONDENTS 1 TO 5 IN THE OA: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, PALACE P.O, THIRUVANANTHAPURAM, PIN - 695 004. 3. DISTRICT OFFICER, DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION, PATTOM, PALACE P.O,THIRUVANANTHAPURAM, PIN - 695 004. 4. THE DIRECTOR, DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM, KERALA - 695 014. OP(KAT).No. 414 of 2017 (Z) ------------------------:2: 5. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695 036. R1, 4 & 5 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH R2 & 3 BY SRI.P.C.SASIDHARAN, SC, KPSC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT).No. 414 of 2017 (Z) ---------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1- CERTIFIED COPY OF THE ORDER DATED 26/09/2017 IN O.A. (EKM) NO.2113/2017. EXHIBIT P2- COPY OF OA(EKM) NO.2113/2017 WITH ANNEXURES. RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P.A. TO JUDGE ## **P.R. RAMACHANDRA MENON & SHIRCY V., JJ** ~~~~~~~~~~~~~~~~~~~~~~ O.P.(KAT ) No. 414 of 2017 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7[th] day of November, 2017 ## **JUDGMENT** ## Ramachandra Menon , J. The grievance of the petitioners is against the course pursued by the Tribunal, whereby Ext. P1 order has been passed causing Annexure A16 representation to be considered in the light of Annexure A18 and A19 recommendation, but declining to grant any stay. 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the State, as well as the learned standing counsel appearing for the PSC, at length. 3. The sum and substance of the case projected by the petitioners is that, pursuant to the selection conducted by the PSC to the post of HSA (Malayalam), the petitioners came out successful and they were included in Ext. P1 rank list, which came into force with effect from 30.12.2016. Ratio of appointment between direct recruitment [to be filled up through PSC] and the candidates through _O.P.(KAT ) No. 414 of 2017_ : 2 : inter district transfer/promotion of primary teachers/promotion of clerks working in such school was stipulated by the Government, which has undergone a substantial change as per Annexure A2. Earlier, as pointed out by the learned counsel for the petitioners, the ratio was 3 : 1, ie. when three vacancies were filled up by the PSC, one vacancy was to be filled up through the other mode. By way of Annexure A2, a conscious change was made with regard to the ratio of appointment, fixing it as 30 : 30 : 30 : 10 among direct recruitment, inter-district transfer, appointment from primary school teachers and from the last segment i.e. clerks working in the schools. Pointing out that no rules had been framed by the Government to stipulate the ratio properly and contending that the vacancies set apart for direct recruitment had considerably fallen down to 30%, giving undue advantage to the other segments, the petitioners sought to challenge Annexure A2 before the Tribunal with the following prayers : (i) Declare that the fixation of quota as 30% for language in Annexure A2 is discriminative and is the violation of principle of equal opportunity for appointment in public service. (ii) Direct the 5[th] respondent not to make any appointments either by way of promotion from primary teachers and clerks/typists and by inter district transfer over and above _O.P.(KAT ) No. 414 of 2017_ : 3 : 50% of the total substantive vacancy of HSA (Malayalam) in Trivandrum district. iii. Direct the 5th respondent to make appointments to all next arising vacancies by keeping the ratio of 1 : 1 direct recruitment by PSC and by transfer/promotion in the light of the recommendations evidence by Annexures A18 and A19. iv. Direct the 4th respondent to file a report regarding the details of incumbents who are retiring prior to 29.12.2019 and upto 31.5.2020 v. Direct the 1[st] respondent to take a final decision in regard to the fixation of percentage for direct recruitment, inter district transfer, promotion of primary teachers and clerks/typists to the post of has (Malayalam) in the light of Annexure A18 and A19 within a time frame fixed by this Hon'ble Tribunal. And vi. Grant such other reliefs that may be deemed just and proper by this Hon'ble Tribunal.” 3. The specific case projected by the petitioners was that merit in this regard had already been examined by the Secretary to the Education department, who made remarks on Annexure A18, that the matter required to be considered. Similarly, the Director of Public Instructions made a similar note, vide Annexure A19, pointing out the necessity to change the ratio. It was considered and the O.A. was _O.P.(KAT ) No. 414 of 2017_ : 4 : disposed of by the Tribunal as per Ext. P1 order, directing Annexure A16 representation preferred by the petitioners to be considered in the light of Annexures A18 and A19 within a period of four months. The apprehension of the petitioners is that by that time, all the available vacancies will be filled up by ineligible hands and that the petitioners will be put to much difficulty. Hence the Original Petition. The learned counsel for the petitioners also seeks for an interim order, not to fill up the vacancies, till the matter is finalized. 4. Heard the learned standing counsel for the PSC as well, who submits that, once decision is taken by the Government, it shall be made applicable to the case and that if any intervention is made granting stay, it may adversely affect the right of the students concerned, which is of paramount importance. We find some force in the said submission. 5. In the said circumstances, while declining to interfere with Ext. P1 order passed by the Tribunal, we make it clear that the vacancies, if at all any to be filled up by giving appointment to the disputed segments shall be subject to the final orders to be passed by the Government as directed, vide Ext. P1. The position in this regard shall be informed in crystal clear terms, to the persons sought _O.P.(KAT ) No. 414 of 2017_ : 5 : to be appointed in the available vacancies. With the above observations, the Original Petition stands disposed of. sd/- **P. R. RAMACHANDRA MENON, JUDGE** sd/- **SHIRCY V., JUDGE** kmd /True copy/ P.A. to Judge