High Court of KeralaSingle JudgeDisposed with directions; directed the Educatio...

Gigi John v. The State of Kerala and others

Case / Petition Number:WP(C).No. 20600 of 2012

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.B.SURESH KUMAR
Judgment Date
2014-08-28
Court Decision / Holding
The writ petition is disposed directing the second respondent to consider the question of approval of the appointment of the petitioner as per Ext.P1 order in light of the Radhamani judgment, within one month from the date of receipt of a copy of this judgment. The interim salary ordered on 26/09/2012 will remain in force until a final decision is taken by the Educational Officer as directed above.
Final Disposition
Disposed with directions; directed the Educational Officer to consider approval per Ext.P1 in light of Radhamani within one month; interim salary to continue until final decision.

Parties to the Case

Appellants / Petitioners

  • Gigi John

Respondents

  • The State of Kerala
  • The Deputy Director (Education)
  • District Educational Officer
  • The Headmaster CMS High School Pallom
  • The Corporate Manager CMS SCHOOLS, CSI Diocesan Office
  • Indira Gandhi National Open University (IGNOU)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri S.Subhash Chand

Counsels for Respondents

  • • Sri Shyson P. Manguzha
  • • Sri P.M.M. NajeeB Khan
  • • Sri Johnson T. John

Case Synopsis & Summary

This writ petition by Gigi John, a Lower Primary School Assistant at CMS High School Pallom, challenges the delay by the Educational Officer in approving her appointment as High School Assistant (Natural Science) in Pallom on 5 June 2012 (Ext. P1). The court had earlier directed salary payment in the lower pay scale by an interim order on 26 September 2012. The Educational Officer’s counter relies on G.O.(P) No.220/05/Gen.Edn dated 19 July 2005, which prescribes B.Ed in the concerned subject as a qualification for appointment to H.S.A. in core subjects, and asserts that the petitioner’s B.Ed certificate does not reveal the subject. The court cites Radhamani v. Director of Public Instructions and Others (2009) 4 ILR Kerala 783, noting that if a person is qualified under Rule 2(a) of Chapter XXXI K.E.R., they cannot be denied appointment merely because Ext.P1 dictates a subject-specific B.Ed. The judgment discusses the tension between statutory rules and executive orders, indicating that substitution by executive order cannot amend the statutory rule without a formal amendment. The court ultimately directs the second respondent to consider approval of the appointment as per Ext.P1 in light of the Radhamani decision within one month of receipt of the judgment, while keeping the interim salary in force until a final decision is taken.

Provisions of Law Cited

Rule 2(a) of Chapter XXXI K.E.R.G.O.(P) No.220/05/Gen.Edn. dated 19.07.2005

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that under Rule 2(a) of Chapter XXXI K.E.R., qualification for H.S.A. core subjects requires a degree in the subject and a B.Ed/B.T./L.T. recognized by Kerala universities. Ext.P1’s requirement that B.Ed must be in the concerned subject with the degree creates an inconsistency with the statutory rule, which should be resolved in the petitioner’s favor. Citing Radhamani v. DPI, she contends that if she is otherwise qualified, she cannot be denied appointment on the basis of Ext.P1 without a statutory amendment. The interim relief of salary was sought during the period of delay.

Contentions of Respondents

The respondents contend that G.O.(P) No.220/05/Gen.Edn. mandates that the B.Ed be in the concerned subject for H.S.A. in core subjects and that the petitioner’s B.Ed shows no subject. They argue the lack of subject-specific B.Ed renders Ext.P1 inapplicable and that statutory rules require amendment through proper channels. The Educational Officer’s affidavit asserts conformance to the GO and the necessity of the subject-specific B.Ed as stipulated by Ext.P1.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Radhamani v. Director of Public Instructions and Others2009(4) ILR Kerala 783PositiveThe court endorses the Radhamani ruling that a candidate qualified under Rule 2(a) cannot be denied appointment for not meeting Ext.P1; Ext.P1 cannot override the statutory rule without amendment.
Sindhu's case—PositiveCited to support that substitution through executive orders requires statutory amendment; used to argue against bypassing statutory rules.
Manager, M.P.V.H.S. School's case—PositiveQuoted to illustrate that substitution by executive order needs statutory amendment, aligning with Radhamani's principle.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Gigi John v. The State of Kerala and others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 28TH DAY OF AUGUST 2014/6TH BHADRA, 1936 ## WP(C).No. 20600 of 2012 (Y) ---------------------------- PETITIONER(S): -------------------------- GIGI JOHN, W/O.RENJITH MATHEW KURIAN, PLAMPARAMBIL HOUSE PALLOM P.O. KOTTAYAM 686007(HIGH SCHOOL ASSISTANT(NATURAL SCIENCE) CMS HIGH SCHOOL, PALLOM). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ---------------------- ## 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001. 2. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) KOTTAYAM-686001. ## 3. DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KOTTAYAM-686001. ## 4. THE HEADMASTER CMS HIGH SCHOOL, PALLOM, 686007. 5. THE CORPORATE MANAGER CMS SCHOOLS, CSI DIOCESAN OFFICE, CATHEDRAL ROAD KOTTAYAM, 686001. WP(C).No. 20600 of 2012 6. INDIRA GANDHI NATIONAL OPEN UNIVERSITY MAIDAN GARHI, NEW DELHI 110068 REPRESENTED BY THE REGISTRAR. R6 BY ADV. SRI.P.M.M.NAJEEB KHAN, SC IGNOU R5 BY ADV. SRI.BABU VARGHESE (SR.) R5 BY ADV. SRI.JOHNSON T. JOHN R1-R3 BY GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20600 of 2012 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** P1 :TRUE COPY OF THE APPOINTMENT ORDER DATED 4.6.2012 ISSUED BY RESPONDENT NO.5. P2 :TRUE COPY OF THE CERTIFICATE DATED 14.02.2011 ISSUED BY THE VICE CHANCELLOR OF INDIRA GANDHI NATIONAL OPEN UNIVERSITY. P3 :TRUE COPY OF ORDER BEARING NO.11087/E2/2005/G.EDN. DATED 30.04.2005 ISSUED BY RESPONDENT NO.1. P3(a) :TRUE COPY OF THE GO(MS) NO.94/2009/4 EDN. DATED 28/3/2009. P4 : TRUE COPY OF THE LAST PAY CERTIFICATE DATED 4.7.2012 ISSUED BY THE HEADMASTER, BI LPS PALLOM. P5 : TRUE COPY OF THE CIRCULAR DATED 6.11.1989 ISSUED BY RESPONDENT NO.1. P6 : TRUE COPY OF THE REQUEST DATED 15.07.2012 BEFORE RESPONDENT NO.3. P7 : TRUE COPY OF THE REQUEST DATED 14.08.2012 SUBMITTED BY RESPONDENT NO.4. ## **RESPONDENT'S EXHIBITS:** R6(a) : THE PHOTOCOPY OF UDC CIRCULAR REGARDING RECOGNITION OF DEGREES AWARDED BY OPEN UNIVERSITY DATED 15.03.2004. R6(b): THE PHTOOPY OF THE LETTER OF UNDER SECRETARY, NCTE REGARDING RECOGNITION OF E.ED. DEGREE OF IGNOU DATED 20.04.2004. R6(c) : THE PHOTOCOPY OF LETTER OF HIGHER EDUCATION DEPATMENT, GOVT. OF KERALA LETTER ADDRESSED TO REGISTRARS OF ALL UNIVERSITIES OF KERALA REGARDING RECOGNITION DEGREE OF IGNOU DATED 14.09.2000. WP(C).No. 20600 of 2012 R6(d): GOVT. OF KERALA ORDER DATED 28.03.2009 REGARDING RECOGNITION OF B.ED DEGREE OF IOGNPU DATED 28.03.2009. R6(e) : COPY OF LIST OF RECOGNIZED UNIVERSITIES INCLUDING IGNOU PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION OFFICIAL WEBSITE DATED NIL. //TRUE COPY// P.A. TO JUDGE W.P.(C).No.20600 of 2012 1 ## **P.B.SURESH KUMAR, J. ----------------------------------------------W.P.(C).No.20600 of 2012 ----------------------------------------------Dated this the 28[th] day of August, 2014** ## **J U D G M E N T** Petitioner was a Lower Primary School Assistant in the school of which, the fifth respondent is the Manager. A vacancy of High School Assistant (Natural Science) arose in the school on 05.06.2012 and the Manager has appointed the petitioner in that vacancy, as per Ext.P1 order. The grievance of the petitioner in this writ petition concerns the delay on the part of the Educational Officer in approving her appointment. 2. On 26/09/2012, this court passed an interim order directing the respondents to disburse salary to the petitioner at the pay scale in the lower grade. 3. A counter affidavit has been filed by the Educational Officer. In the counter affidavit, it is stated that as per G.O.(P) No.220/05/Gen.Edn. dated 19.07.2005, the Government directed that B.Ed. in the concerned subject shall be stipulated as qualification for appointment W.P.(C).No.20600 of 2012 2 as High School Assistant in core subjects and the B.Ed degree certificate of the petitioner does not reveal the subject. 4. In **Radhamani. V. v. Director of Public Instructions and others** [ 2009(4) ILR Kerala 783], this Court has held that as long as a person is qualified in terms of the prescriptions of Rule 2(a) of Chapter XXXI K.E.R. he cannot be denied appointment on the ground that he does not possess the qualifications prescribed in G.O.(P) No.220/05/Gen.Edn. dated 19.07.2005. The relevant passage of the said judgment reads thus: “Herein, the relevant rule, viz. Rule 2(a) of Chapter XXXI K.E.R. prescribed the qualifications for H.S.A. (Core Subjects), as a Degree in the concerned subject and B.Ed/B.T./L.T. conferred or recognised by the Universities in Kerala. In Ext.P-1 it is specified that B.Ed in the concerned subject along with Degree in the concerned subject shall be stipulated as qualification for H.S.A. Therefore, really the rule is supplanted and it is not supplemented. While going by the statutory rule, B.Ed in any subject is sufficient, Ext.P-1 is specific that B.Ed should also be in the concerned subject along with Degree in the concerned W.P.(C).No.20600 of 2012 3 subject. Therefore, there is total inconsistency. It is not a case where gaps in the statutory rule are sought to be filled up by an executive order. Even though it is specified in Ext.P1 that formal amendment in KER will be issued separately, the same has not been done so far. As noticed by the Full Bench in Manager, M.P.V.H.S. School's case if the Government wanted to provide anything by way of such substitution in the rule, it could have been done only by a statutory amendment itself. This is clear from the decision of the Division Bench in Sindhu's case which was affirmed by the Full Bench in Manager, M.P.V.H.S. School's case. As long as a person is qualified in terms of the prescriptions of Rule 2(a) of Chapter XXXI K.E.R. he cannot be denied the promotion on the ground that he does not possess the qualifications prescribed by Ext.P-1 Govt. Order. Without amending the statutory rule, it cannot be insisted that a candidate should possess B.Ed in the concerned subject.” The writ petition, in the circumstances, is disposed of directing the second respondent to consider the question of approval of the appointment of the petitioner as per Ext.P1 order in the light of the said judgment, within a period of W.P.(C).No.20600 of 2012 4 one month from the date of receipt of a copy of this judgment. The interim passed by this Court on 26/09/2012 will remain in force till a final decision is taken by the Educational Officer as directed above. Sd/- **P.B.SURESH KUMAR, JUDGE** //true copy// P.A. To Judge smv The word “second respondent” occurring in the 2[nd] line of the penultimate paragraph of the judgment dated 28.08.2014 in W.P.(C) No.20600/2012 is corrected and substituted as “third respondent”, vide order dated 04.11.2014 in I.A 13128/2014 in W.P.(C) No.20600/2012. Sd/Registrar (Judicial)