**WP(C) NO. 30249 OF 2021**
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944 WP(C) NO. 30249 OF 2021**
## **PETITIONER/S:**
NISHA V.P. AGED 41 YEARS D/O. LATE V.P. CHATHU, KAZHUNGULATHIL MEETHAL HOUSE, VILLIAPPALLY, POST VADAKARA, KOZHIKODE 673 542. BY ADVS. R.T.PRADEEP K.C.HARISH
## **RESPONDENT/S:**
1 GURUVAYUR DEVASWOM , REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR DEVASWOM OFFICE, GURUVAYOOR P.O., THRISSUR 680 101. 2 GURUVAYOOR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR DEVASWOM OFFICE, GURUVAYOOR P.O., THRISSUR 680 101. 3 ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR DEVASWOM OFFICE, GURUVAYOOR P.O. THRISSUR 680 101. 4 PRINCIPAL, GURUVAYOOR DEVASWOM ENGLISH MEDIUM SCHOOL, GURUVAYOOR P.O., THRISSUR 680 101.
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5 RAGEE .K.R., W/O. JOYTHISH P.V., PAMBUGAL HOUSE, PANNORE, PARAPPUR, THRISSUR 680 552. BY ADVS. T.K.VIPINDAS, SC SAJEEV KUMAR K.GOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WP(C) NO. 30249 OF 2021**
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## **JUDGMENT**
The petitioner has approached this Court seeking to quash Ext.P2 and for a further direction to the respondents 1 to 4 to forthwith appoint the petitioner as Teacher (Malayalam) on a temporary basis in the Guruvayoor Devaswom English Medium School.
2. Brief facts are as under:
The petitioner contends that she was appointed as a teacher in the Guruvayoor Devaswom English Medium School, an aided school administered
by the 1st respondent and affiliated to the Central Board of Secondary Education (CBSE) on a temporary basis during the academic years 2015-2016, 2016-2017 and 2017-2018. It is contended that the petitioner having completed three years of service on a temporary basis is deemed to have completed probation as contemplated under the bye-laws of the CBSE, and therefore her service is to be reckoned as regular service. The petitioner contends that the 1st respondent has now issued a press note calling upon applications for filling up of vacancies enumerated therein, which include two
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posts of Teacher ( Malayalam), one in the lower primary and the other in the
upper primary that too on a temporary basis.
3. The petitioner contends that the 5th respondent is similarly placed as
the petitioner, and she had approached this Court seeking directions to the
2nd respondent to accommodate her. According to the petitioner, pursuant to the orders passed by this Court, the 2nd respondent has resolved to appoint the said respondent temporarily in the existing vacancy and to fill up the remaining vacancies on regular basis. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:
i. To issue a writ of certiorari or any other appropriate writ order or direction to call upon the records pertaining to Exhibit-P2 and quash the same.
ii. To issue a writ of mandamus or any other appropriate writ order or direction to respondents 1 to 4 to forthwith appoint the petitioner as Teacher (Malayalam) on temporary basis in the Guruvayoor Devaswom English Medium School.
4. A counter affidavit has been filed by respondents 1 to 4 wherein it is
stated that the case set up by the petitioner has nothing to do with the grant
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of temporary appointment to the 5th respondent. It is stated by relying on the judgment of a Division Bench of this Court in Ajitha and Others Vs. Guruvayoor Devaswom [2017 KHC 815] that after the commencement of the Kerala Devaswom Recruitment Board Act, 2015, recruitments to various Devaswoms in Kerala can be effected only through the machinery under the Kerala Devaswom Recruitment Board Act, 2015. It is further stated that it was on the strength of Ext.P4 resolution that this Court had passed the Ext.P5 judgment on 16.01.2018. However, later, the respondents realized that the resolution was illegal and was issued without taking note of the factual and legal aspects. In the said circumstances, they have already approached this Court seeking review of Ext.P5 judgment and the same is pending. It is further stated that the petitioner is not entitled to the relief sought for as she is attempting to gain an appointment through the back door overlooking the norms prescribed on the date of consideration of the application.
5. I have heard Sri.R.T. Pradeep, the learned counsel appearing for the petitioner, Sri. T.K.Vipindas the learned counsel appearing for the Guruvayoor Devaswom Board and the learned Government Pleader.
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6. Sri. R.T.Pradeep, the learned counsel appearing for the petitioner, contended that the petitioner is similarly placed as the 5th respondent and in the said circumstances, she is entitled to parity in treatment. According to the learned counsel, refusing to accommodate the petitioner for the reasons given by the respondents would be arbitrary, unreasonable and violative of the rights guaranteed to the petitioner as per the Constitution.
7. Sri. Vipindas, the learned counsel, would contend that reliance placed by the petitioner herein on Ext.P5 judgment cannot be sustained as the respondent has come up with a resolution dated 27.06.2018 withdrawing the earlier resolution. It is submitted that the authorities have already preferred a petition to review the earlier judgment, and in that view of the matter, no relief as sought for can be granted.
8. I have considered the submissions advanced and have perused the records.
9. The contention of the petitioner is that she has a vested right to continue as Teacher (Malayalam) on account of her having completed three
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years of service. She also claims parity with the 5th respondent, who on the basis of a resolution dated 12.01.2018, was absorbed against the vacancy of a primary teacher. It appears that it was on the basis of the above resolution that this Court by Ext.P5 judgment had issued directions.
10. I find that a Division Bench of this Court in Ajitha and Others v. Guruvayoor Devaswom [2017 KHC 815] have held that after the commencement of the Kerala Devaswom Recruitment Board Act, 2015, recruitment to various Devaswoms in the State of Kerala can be effected only through the machinery under the Kerala Devaswom Recruitment Board Act, 2015. It appears that the respondents have later realized that resolution No.84 of the Guruvayoor Devaswom which was relied on by this Court while passing Ext.P5 judgment, is clearly against the principles of law laid down by this Court in Ajitha (Supra). I take note of the contention of the respondents 1 to 4 that if benefits, as sought for by the petitioner, are granted, it may lead to a situation wherein, qualified and competent hands would be deprived of the opportunity to get selected to the post of teacher. The students would also be denied quality education. This would also encourage backdoor
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appointments overlooking the norms prescribed as on the date of consideration of the application. Furthermore, I find that the authorities have already preferred a petition to review Ext.P5 judgment which is stated to be pending. Having considered the entire facts, I am of the considered opinion that the petitioner has not made out any case for interference.
This writ petition is dismissed.
**Sd/-**
**RAJA VIJAYARAGHAVAN V**
**JUDGE**
NS
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## **APPENDIX OF WP(C) 30249/2021**
PETITIONER(S) EXHIBITS :
|Exhibit P1|TRUE COPY OF THE INFORMATION DATED|
|---|---|
||18.11.2021 FURNISHED UNDER THE RIGHT TO|
||INFORMATION ACT 2005.|
|Exhibit P2|TRUE COPY OF THE REPRESENTATION DATED|
||20.5.2020 BY PETITIONER BEFORE THE 3RD|
||RESPONDENT.|
|Exhibit P3|TRUE COPY OF THE PRESS NOTE DATED 8.9.2021|
||BY IST RESPONDENT INVITING APPLICATIONS|
||FOR THE POST OF TEACHING STAFF ENUMERATED|
||THEREIN.|
|Exhibit P4|TRUE COPY OF THE RESOLUTION DATED|
||12.1.2018 BY 2ND RESPONDENT TO ACCOMMODATE|
||THOSE HAVING ON THEIR CREDIT PAST 2 YEARS,|
||TEMPORARY SERVICE.|
|Exhibit P5|TRUE COPY OF THE JUDGMENT DATED 16.1.2018|
||IN WPC NO. 16012/2012.|
|Exhibit P6|TRUE COPY OF THE ORDER DATED 7.7.2020 IN|
||I.A. NO. 2/2020 IN WPC NO.17150/2019.|
|Exhibit P7|TRUE COPY OF THE ORDER DATED 7.4.2021 IN|
||W.A. NO. 594/2021.|
|Exhibit P8|TRUE COPY OF THE ORDER DATED 27.9.2021 IN|
||WPC NO. 20203/2021.|
|Exhibit P9|TRUE COPY OF THE RESOLUTION NO. 9 DATED|
||9.11.2021 OF 2ND RESPONDENT TO APPOINT THE|
||PETITIONERS IN EXHIBIT P8 ON TEMPORARY|
||BASIS WHICH IS DIVULGED UNDER RIGHT TO|
||INFORMATION ACT.|
|Exhibit P10|TRUE COPY OF THE NOTIFICATION DATED|
||20.5.2022 TO FILL UP THE VACANCIES OF|
||TEACHERS ON DIFFERENT SUBJECTS ON|
||TEMPORARY BASIS.|
RESPONDENT(S) EXHIBITS : NIL
