OP(KAT) Nos. 16 & 127 of 2021 (Kerala High Court)

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 5[TH] DAY OF JULY 2021 / 14TH ASHADHA, 1943** **OP(KAT) NO. 16 OF 2021 AGAINST THE ORDER IN OA.NO.2068/2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH** ## **PETITIONERS/RESPONDENTS 4 & 5:** - **1 YESUDAS E.P., AGED 52 YEARS,HEADMASTER, GOVT.JB SCHOOL, AMBALLOOR, KANJIRAMATTOM P.O., ERNAKULAM-682305, RESIDING AT ELENJIYIL HOUSE, THIRUVANIYOOR POST, ERNAKULAM-682308.** - **2 CICY T.VARKEY, AGED 55 YEARS,HEADMISTRESS, GOVT.JB SCHOOL, AMBALLOOR, KANJIRAMATTOM P.O., ERNAKULAM-682305, RESIDING AT PARAPPILLI KUZHIYIL, KANINADU P.O., ERNAKULAM-6823010.** **BY ADVS. SRI.KALEESWARAM RAJ, SRI.VARUN C.VIJAY, SMT.MAITREYI SACHIDANANDA HEGDE** ## **RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 3:** - **1 JOY A.V, AGED 55 YEARS,S/O.A.P.VARKEY, P.D.TEACHER (SELECTION GRADE), GUPS, MUNDOTHUPARAMBA, VENGARA SUB DISTRICT, OTHUKKUNGAL P.O., MALAPPURAM-676528, RESIDING AT ARTHUMGAL HOUSE, KOLATHOOPARAMBU, OTHUKKUNGAL P.O., MALAPPURAM-676528.** - **2 STATE OF KERALA,REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 DIRECTOR OF GENERAL EDUCATION,DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695014.** - **4 DEPUTY DIRECTOR OF EDUCATION,MALAPPURAM-676519.** - **ADDL.5 ANILKUMAR RAGHUPURAM, AGED 51 YEARS,S/O.APPUKKUTTY KURUP, P.D. TEACHER, GVHSS MEENCHANDA, ARTS COLLEGE P.O., KOZHIKODE DISTRICT673 018, RESIDING AT REGHUPURAM HOUSE, KANDUKULAM, VALAKKULAM** - **P.O., MALAPPURAM DISTRICT-676 508.** - **ADDITIONAL RESPONDENT NO.5 IS IMPLEADED AS PER THE ORDER DATED** - *** 05/07/2021 IN I.A.NO.3/2021 IN OP(KAT).NO.16/2021.** ## **ADV.SRI.ELVIN PETER P.J. FOR R1** **SRI.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R2 TO R4. ADV.SRI.K.A.MOHAMED HARIS, ADV.SRI.K.R.GANESH** **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05.07.2021, ALONG WITH OP(KAT).NO.127/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 5[TH] DAY OF JULY 2021 / 14TH ASHADHA, 1943** ## **OP(KAT) NO. 127 OF 2021** **AGAINST THE ORDER IN OA (EKM).NO.77/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** ## **PETITIONER:** **ANILKUMAR RAGHUPURAM, AGED 51 YEARS,** **S/O. APPUKKUTTY KURUP T, P.D TEACHER, GVHSS MEENCHANDA, ARTS COLLEGE P.O, KOZHIKODE DISTRICT, RESIDING AT REGHUPURAM HOUSE, KANDUKULAM, VALAKKULAM P.O, MALAPPURA DISTRICT 676 508** **BY ADVS.K.A.MOHAMED HARIS, SMT.MUMTAZ K.A.** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001** - **2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DDE OFFICE, MANANCHIRA, KOZHIKODE 673 001** - **4 THE DISTRICT EDUCATION OFFICER, DEO OFFICE, MANANCHIRA, KOZHIKODE 673 001** ## **SRI.ANTONY MUKKATH, GOVT.PLEADER** **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05.07.2021, ALONG WITH OP(KAT).NO.16/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## ALEXANDER THOMAS & A. BADHARUDEEN, JJ. ----------------------------------------------------------------------------O.P. (KAT) No. 16 of 2021 _[arising out of the impugned interim order dated 7.1.2021 in O.A. No. 2068 of 2020 on the file of the KAT, Thiruvananthapuram Bench]_ & ## O.P. (KAT) No. 127 of 2021 _[arising out of the impugned interim order dated 12.1.2021 in O.A. (Ekm) No. 77 of 2021 on the file of the KAT, Ernakulam Bench]_ ----------------------------------------------------------------------------Dated this the 5[th] day of July, 2021 ## J U D G M E N T ## ALEXANDER THOMAS, J. The prayers in OP(KAT) No.16/2021 filed under Arti- cles 226 & 227 of the Constitution of India are as follows _{See page 16 of the paper book of OP(KAT) No.16/2021}:_ - _“_ - _i. To allow this OP(KAT) by setting aside Exhibits P4 and P5 and such other further orders;_ - _ii. To issue such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.[”]_ The prayers in O.A. No. 2068/2020 from which OP(KAT) No.16/2021 arises, are as follows _{See page 33 of the paper book of OP(KAT) No.16/2021}:_ _“_ - _a) To call for records leading to Annexure-A7 order and Annexure-A8 proposed amendment and set aside the same;_ - _b) To issue a direction to the respondents not to take any steps to delete Rule 18 from Annexure-A2 Rules by way of_ OP(KAT) Nos. 16 & 127 of 2021 ..4.. _publishing Annexure-A8 in the form of an Ordinance and also to direct the respondents to effect promotion to the post of Head Teacher who are qualified to be appointed to the said post in accordance with Rule 18 of Annexure A2 Rules;_ - _c) To direct the respondents to promote the applicant to the post of Head teacher forthwith;_ - _d) To declare that the respondent has not authority to isue Annexure-A7 and A8;_ - _e) To declare that the applicant is entitled to get promotion to the post of Head teacher in the light of his qualification under Rule 18 of Annexure-A2 Rules;_ - _f) To declare that the steps taken by the 1[st] respondent to delete Rule 18 from Annexure A2 Rules by way of an amendment is unconstitutional and ultravires the Constitution.”_ 2. The prayers in OP(KAT) No.127/2021 filed under Arti- cles 226 & 227 of the Constitution of India are as follows _{See pages_ _25 & 26 of the paper book of OP(KAT) No.127/2021}:_ - _“_ - _i. Issue any appropriate order or direction to set aside the Ext P2 order of the learned Kerala Administrative Tribunal dated 12.10.2021 in OA(EKM) 77 of 2021 and to modify the same._ - _ii. To issue appropriate order or direction, calling for the records leading to Annexure A6 & A7 amendments and to set aside the same._ - _iii. To declare that the Annexure A6 & A7 amendments to Rule 18(1) of the Kerala RTE Rules are inconsistent with the Central RTE Act 2009 and therefore they are repugnant and ultra vires to the RTE Act. Further declare that the State Government brought these amendments without any Legislative Competence and the State Government lacks power to grant exemptions to the teachers only on the basis of their age disregarding the qualification and the seniority, as no such power is vested on the State Government under the RTE Act 2009 or the Kerala RTE Rules 2011, permitting the state to relax the mandatory qualifications._ - _iv. Declare that the petitioner and other qualified hands in terms of Rule 18(1) of the Kerala RTE Rules are eligible_ OP(KAT) Nos. 16 & 127 of 2021 ..5.. _for a preferential appointment to the post of Head Teacher in Primary section in parity with that granted to the High School teacher as reflected in Annexure A9 and A10._ - _v. Issue appropriate orders or directions to the respondents 1 to 4 to give preferential appoint the petitioner as Head Teacher forthwith in any Government Primary School in Kozhikode District, wherein the post of Head Teacher has become vacant after 31.03.2019._ - _vi. Declare that the qualified hands like the petitioner should be given preference over the senior hands (without the qualification) as the Central Government, the only competent authority vested with the power to relax the minimum qualifications for appointment under the Act has clarified in Ann A8 that, the qualified hands should be given preference over the unqualified hands in the case of appointment._ - _vii. To issue appropriate order or direction, directing the respondents 1 & 4 to take immediate steps to add a clause in appropriate place of the present rules which regulates the appointment of head teachers in Government primary schools stating that “In the case of appointment to the post of Headmaster in Primary Schools, preference shall be given to those teachers who have acquired the test qualifications specified in the rule 18(1) of Kerala RTE Rules”, or to make necessary orders or rules for carrying out the same._ - _viii. Grant such other reliefs which this Hon'ble Tribunal Court just and proper to be granted for the ends of justice.”_ ## The prayers in O.A. (Ekm) No.77/2021 from which OP(KAT) No.127/2021 arises, are as follows _{See pages 69 to 71 of the paper book of_ _OP(KAT) No.127/2021}_ : _“_ - _i. To issue appropriate order or direction, calling for the records leading to Annexure A6 & A7 amendments and to set aside the same._ - _ii. To declare that the Annexure A6 & A7 amendments to Rule 18(1) of the Kerala RTE Rules are inconsistent_ OP(KAT) Nos. 16 & 127 of 2021 ..6.. _with the Central RTE Act 2009 and therefore they are repugnant and ultra vires to the RTE Act. Further declare that the State Government brought these amendments without any Legislative Competence and the State Government lacks power to grant exemptions to the teachers only on the basis of their age disregarding the qualification and the seniority, as no such power is vested on the State Government under the RTE Act 2009 or the Kerala RTE Rules 2011, permitting the state to relax the mandatory qualifications._ - _iii. Declare that the petitioner and other qualified hands in terms of Rule 18(1) of the Kerala RTE Rules are eligible for a preferential appointment to the post of Head Teacher in Primary section in parity with that granted to the High School teacher as reflected in Annexure A9 and A10._ - _iv. Issue appropriate orders or directions to the respondents 1 to 4 to give preferential appoint the petitioner as Head Teacher forthwith in any Government Primary School in Kozhikode District, wherein the post of Head Teacher has become vacant after 31.03.2019._ - _v. Declare that the qualified hands like the petitioner should be given preference over the senior hands (without the qualification) as the Central Government, the only competent authority vested with the power to relax the minimum qualifications for appointment under the Act has clarified in Ann A8 that, the qualified hands should be given preference over the unqualified hands in the case of appointment._ - _vi. To issue appropriate order or direction, directing the respondents 1 & 4 to take immediate steps to add a clause in appropriate place of the present rules which regulates the appointment of head teachers in Government primary schools stating that “In the case of appointment to the post of Headmaster in Primary Schools, preference shall be given to those teachers who have acquired the test qualifications specified in the rule 18(1) of Kerala RTE Rules”, or to make necessary orders or rules for carrying out the same._ - _vii. Grant such other reliefs which this Hon'ble Tribunal Court just and proper to be granted for the ends of justice.”_ OP(KAT) Nos. 16 & 127 of 2021 ..7.. 3. Heard Sri.Kaleeswaram Raj, learned counsel appearing for the petitioners in OP(KAT) No.16/2021, Sri.K.A.Mohamed Haris, learned counsel appearing for the petitioner in OP(KAT) No.127/2021, Sri.Antony Mukkath, learned Senior Government Pleader appearing for official respondents in both these cases, Sri.P.J.Elvin Peter, learned counsel appearing for contesting respondent No.1 in OP(KAT) No.16/2021 and Sri.K.A.Mohamed Haris, learned counsel appearing for Addl.R-5 in OP(KAT) No.16/2021. 4. Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, (published as S.R.O. No.291/2011 in the Kerala Gazette Extraordinary dated 6.5.2011 ) framed under the provisions of the Right to Education Act prescribes that the Head teacher shall be a person having a minimum of 12 years of teaching experience and passing such department tests and tests on Kerala Education Act and Rules as may be specified in that regard. As per the proviso to the said sub-rule, teachers in service shall be given time up to 3 years to pass the above test. 5. The Division Bench of this Court in the common judg- OP(KAT) Nos. 16 & 127 of 2021 ..8.. ment dated 27.1.2020 in OP(KAT) No.105/2019 and connected cases (arising out of the final order dated 22.2.2019 of the Tribunal in O.A. No.1204 **/** 2018 and connected cases) held in para 12 thereof that when the rule specifically provides for test qualifications, there can be no appointment/promotion made of persons who are not qualified in accordance with the Rule. It will be profitable to refer to paras 12 & 13 of the Division Bench judgment dated 27.1.2020 in OP(KAT) No.105/2020 _{See Anx.A5 given on pages 134 & 135 of the paper book of OP(KAT) No.16/2021}_ : _“12. When three years time is provided for acquisition of test qualification, the proviso also has to be given due effect. Our interpretation would be that when the Rule specifically provides for test qualifications, there can be no appointment/promotion made of persons who are not qualified in accordance with the Rule. Hence, after the specification made at Annexure A6, only persons who are test qualified can be considered for promotion and be included for selection. The unqualified senior teachers would be entitled to appear for the test and acquire the test qualifications within three years. On acquiring such qualification if any junior has been promoted earlier, within the three year period, the senior who qualified within that period would be entitled to seek promotion as Head Teacher on the basis only of his/her subsequent qualification within the three year period. In that circumstance the junior has to be reverted and the senior promoted as Head Teacher. The pay drawn by the Junior in the post of Head Teacher, in the interregnum would be his entitlement and the senior would be entitled to the higher pay and allowances, if at all there is any in the post of Head Teacher, only from his/her date of promotion._ _13. Otherwise, when an unqualified person is posted as Head Teacher and he/she does not qualify within the three year period or before his retirement which may occur within the three year period, the junior qualified teacher would be prejudiced insofar as not being given the higher post or the benefits attached_ OP(KAT) Nos. 16 & 127 of 2021 ..9.. _to that post despite his satisfying every qualification as provided in the Rule. The unqualified senior would also get an unfair advantage of retiring with the higher pay, which is not intended by the proviso. On the other hand, if the senior acquires the test qualifications within the period, the junior who is also qualified can raise no objection on his senior being then posted as Head Teacher on acquisition of qualification. The proviso only enables a teacher to acquire the qualification within three years and seek for the post of Head Teacher on acquiring the test qualification. It does not enable the State to make appointments in violation of the rule, by promoting a senior who is not qualified in accordance with the Rule. On such interpretation, we are of the opinion that the Tribunal's order has to be set aside to the extent it permits inclusion of unqualified persons above 50 years for the purpose of promotion. The age of 50 years as provided in Annexure A2 has no significance, since the exemption has been set aside and the benefit now available is only of that provided in the proviso to the rule. Even senior teachers below 50 years who are not qualified would not be entitled to be promoted, but they will have the benefit of the proviso if they acquire the qualification within three years. This benefit, teachers under 50 did not have, but will now be conceded with, by virtue of the proviso to Rule 18(1). We make it clear that the proviso has application only for three years from Annexure A6. Necessarily the promotions already made are to be re-worked according to our interpretation.”_ 6. Aggrieved thereby, some of the teachers who claimed promotion on the basis of abovesaid proviso to Rule 18(1) had approached the Apex Court by filing SLP(C) No. 12310/20 _{See Anx.A6 given on page 147 & 148 of the paper book of OP(KAT) No.16/2021}_ wherein the Apex Court has passed an interim order dated 17.6.2020 ordering that pending further consideration, all the parties concerned shall maintain status quo as on that day (17.6.2020). It is pointed out that the abovesaid interim order OP(KAT) Nos. 16 & 127 of 2021 ..10.. dated 17.6.2020 directing maintenance of status quo as on that day, is still in force. 7. Later, it appears that the State Government has again made slight amendment to the earlier amendment notification dated 23.12.2020, by issuing S.R.O.No.18/2021 published in the Kerala Gazette dated 5.1.2021, whereby the abovesaid proviso has been substituted as _“Provided that teachers who are otherwise eligible for being promoted as Head teachers shall be exempted from passing such departmental tests and test on Kerala Education Act and Rules on or after attaining the age of 50 years”._ 8. The original applicants in these two cases, viz, O.A.No. 2068/20 filed before the Thiruvananthapuram Bench and O.A.(Ekm) No.77/2021 filed before the Ernakulam Bench, have approached the Tribunal by filing said O.A.s with the prayers for challenging said amendment of the Rules. Various grounds have been taken therein urging that said amendment is beyond the competence of State Government and that said amendment will lead to unreasonable prescription and diluting the qualifications which will be detrimental to the educational rights of the students as well as the quality of teaching service etc. OP(KAT) Nos. 16 & 127 of 2021 **==> picture [25 x 9] intentionally omitted <==** 9. The Tribunal has initially passed interim order dated 4.1.2021 in the instant O.A. No. 2068/2020 as well as in O.A. No. 2073/2020 whereby the Tribunal took note of the contention of the applicant therein that the abovesaid amendment is in violation of the directions of the Apex Court as well and that the Apex Court as per the earlier referred interim order had directed maintenance of status quo and that amendment notification of the rule issued subsequent to that would amount to drastic variation of the status quo order. On this basis, the Tribunal has passed interim order dated 4.1.2021 directing that status quo order prior to AnxA-9 therein (Anx.A-9 in OP(KAT) No.16/2021, viz, the amendment notification as per S.R.O.No.898/2020 dated 23.12.2020) shall be maintained. It appears that the Tribunal has extended the interim order from time to time. The Tribunal has also passed similar interim order in other case O.A.(Ekm) No.77/2021 as per order dated 12.1.2021 wherein it has been ordered that status quo prior to Anx.A6 therein (Anx.A-6 in OP(KAT) No.127/2021, viz, S.R.O.No.898/2020 dated 23.12.2020) shall be maintained in that case as well. 10. The petitioner in OP(KAT) No.16/2021 is not an appli- OP(KAT) Nos. 16 & 127 of 2021 ..12.. cant in the above O.A.s and he has sought for impleadment as an additional party in O.A. No.2068/2020. It appears that, thereafter, he has approached this Court for challenging the abovesaid interim order granted by the Tribunal on 4.1.2021, as extended from time to time. It appears that the petitioner in OP(KAT) No.16/2021 has not so far filed the reply statement before the Tribunal and sought for any direction to vacate the abovesaid interim order. Further, the petitioner in OP(KAT) No.16/2021 is seeking the benefit of amendment to the rule, whereas the petitioner in OP(KAT) No.127/2021 is challenging the abovesaid interim order passed by the Tribunal ordering status quo by contending that the Tribunal should not have merely passed an interim status quo order, but should have actually passed order of stay in this case. It thus appears that the claims of petitioners in these OP(KAT)s are contrary to each other. 11. One of the contention submitted by Sri.Kaleeswaram Raj, learned counsel appearing for the petitioner in OP(KAT) No.16/2021 is that the matter in issue pending before the Apex Court in the abovesaid SLP proceedings is only regarding the correctness or otherwise of the judgment dated 27.1.2020 rendered OP(KAT) Nos. 16 & 127 of 2021 ..13.. by the Division Bench of this Court in OP(KAT) No.105/2019 and connected cases, and that the issue pending before the Apex Court has nothing to do with the amendment notification issued subsequently on 23.12.2020 and 5.1.2021. It is pointed out that merely because the Apex Court has ordered status quo in respect of the disputes arising out of the Division Bench of this Court in OP(KAT) No.105/2019 and connected cases, does not mean that the plenary power of the State Government to frame subordinate legislation in terms of the Central enactment is in any manner interdicted, and that it is all the more so as the SLPs pending before the Apex Court have nothing to do with the amendment notification issued later. 12. Per contra, Sri.P.J.Elvin Peter, learned counsel appearing for contesting respondent No.1 in OP(KAT) No.16/2021 (applicant in corresponding O.A. No.2068/2020 on the file of the KAT, Thiruvananthapuram Bench) as well as Sri.K.A.Mohamed Haris, learned counsel appearing for the petitioner in OP(KAT) No.127/2021 would contend that the aspect regarding violation of interim status quo order is one of the contentions raised by the parties, and that main contentions urged by them are regarding OP(KAT) Nos. 16 & 127 of 2021 ..14.. the very competence of the State Government to prescribe the amendment provision and also regarding the very reasonableness and misadministration, etc. 13. Thus, on the one hand, the petitioner in OP(KAT) No.16/2021 would seek to vacate the interim order passed by the Apex Court so as to effectuate the amended provision of the rule, whereas, the contrary contention of the petitioner in OP(KAT) No.127/2021 is for modifying the interim order passed by the Tribunal so that there is an absolute stay of the amended provision. 14. After hearing both sides we are of the firm view that it may not be right and proper for us to adjudicate on the merits of a case like this, and the fair and just course of action would be to direct the Tribunal to finally dispose of both the O.A.s in question. During the course of hearing it appears that none of the parties including the State Government had not raised objections to the said cause of action proposed by this Court. Further, it is seen that O.A. No.2068/2020 (which is the subject matter of OP(KAT) No. 16/2021) and its companion matter O.A. No.2073/2020 are pending before the Thiruvananthapuram Bench of the Tribunal, whereas, O.A. (Ekm) No.77/21 (which is the subject matter of OP(KAT) Nos. 16 & 127 of 2021 ..15.. OP(KAT) No. 127/2021) is pending before the Ernakulam bench of the Tribunal. All parties have submitted before this Court that this Court may direct that O.A. Nos. 2068 & 2073 of 2020, now pending before the Thiruvananthapuram Bench of the Tribunal may be directed to be transferred to the Ernakulam Bench, so as to ensure joint hearing and disposal with O.A.(Ekm) No.77/2021 by the KAT, Ernakulam Bench. 15. Accordingly, it is ordered that O.A. Nos. 2068 & 2073 of 2020 will stand transferred from the file of the KAT, Thiruvananthapuram Bench to the file of the KAT, Ernakulam Bench. Further, it is also ordered that the KAT, Ernakulam Bench, may take all reasonable endeavours possible to ensure the early consideration and final disposal of all these O.A.s without much delay preferably within a period of 2 months, and if there is any difficulty in achieving this target, efforts may be taken to ensure the final disposal of these matters atleast within 3 months from the date of receipt of a certified copy of this judgment. 16. The Registry will forward copies of this judgment to both the KAT, Thiruvananthapuram Bench and the KAT, Ernakulam Bench for necessary information. OP(KAT) Nos. 16 & 127 of 2021 **==> picture [25 x 9] intentionally omitted <==** 17. All the respondents in the O.A.s will ensure that reply statement in the main O.A.s are filed within one month, if not already filed, and rejoinder thereto if any, may be filed by the other side within 10 days thereafter. With these observations and directions, the above Original Petitions will stand finally disposed of. Sd/ALEXANDER THOMAS, JUDGE Sd/- A. BADHARUDEEN, JUDGE MMG OP(KAT) Nos. 16 & 127 of 2021 ..17.. ## **APPENDIX OF OP(KAT).NO.16/2021** ## **PETITIONERS' ANNEXURES** **ANNEXURE A1** **TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE APPLICANT.** **ANNEXURE A1(A) TRUE COPY OF CERTIFICATE ISSUED TO THE APPLICANT BY THE KPSC FOR PASS IN THE DEPARTMENTAL TEST (ACCOUNTANT TEST LOWER) DATED 31.10.2000.** - **ANNEXURE A1(B) TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE KPSC FOR PASS IN KER TEST DATED 14.11.2012.** **ANNEXURE A2 TRUE COPY OF THE GOVT. ORDER NO.GO(P)NO.100/2011/G.EDN DATED 30.04.2011 PUBLISHING THE KERALA RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011 IN THE EXTRA ORDINARY GAZETTE DATED 06.05.2011.** - **ANNEXURE A3 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O. (MS)27/2018/GEDN DATED 06.03.2018.** - **ANNEXURE A4 TRUE PHOTO COPY OF THE ORDER DATED 22.02.2019 IN OA(EKM)NO.1018/2018.** - **ANNEXURE A5 TRUE PHOTO COPY OF THE COMMON JUDGMENT IN OP(KAT)NO.181/2019 DATED 27.01.2020 OF THE HON'BLE HIGH COURT OF KERALA.** - **ANNEXURE A6 TRUE COPY OF THE ORDER IN SLP(CIVIL)DIARY NO.12310/2020 IN THE FILE OF THE HON'BLE SUPREME COURT.** - **ANNEXURE A7 TRUE PHOTO COPY OF THE GOVT.ORDER GEDNJ1/66/2019-G.EDN DATED 25.10.2019.** - **ANNEXURE A8 TRUE PHOTOCOPY OF THE PROPOSED AMENDMENT GO(P)NO....../2020, DATED, THIRUVANANTHAPURAM.....2020.** - **ANNEXURE A9 TRUE COPY OF THE G.O.(P)NO.19/2020G.EDN** OP(KAT) Nos. 16 & 127 of 2021 ..18.. ## **DATED 23.12.2020.** **ANNEXURE MA1 TRUE COPY OF THE INTERIM ORDER DATED 17.06.2020 IN S.L.P(C)DIARY NO.12310/2020.** **ANNEXURE MA2 TRUE COPY OF THE INTERIM ORDER DATED 19.08.2020 IN SLP(C)DIARY NOS.14537/2020.** **ANNEXURE MA3 TRUE COPY OF THE INTERIM ORDER DATED 24.11.2020 IN SLP(C)NOS.7903-7906/2020.** **ANNEXURE MA4 TRUE COPY OF THE G.O.(P)NO.19/2020/G.EDN. DATED 23.12.2020 ISSUED BY THE GENERAL EDUCATION (J) DEPARTMENT PUBLISHED IN THE GAZETTE (RESPONDENT NO.2 THEREIN).** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE OA ALONG WITH ITS ANNEXURES.** - **EXHIBIT P2 TRUE COPY OF THE MA NO.1936/2020 IN OA 2068/2020 SEEKING AMENDMENT OF THE O.A.** - **EXHIBIT P3 TRUE COPY OF THE MA NO.34/2021 FOR IMPLEADING IN THE OA 2068/2020 FILED BY THESE PETITIONERS.** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04.01.2021 IN O.A.NO.2068/2020.** **EXHIBIT P5 TRUE COPY OF THE ORDER DATED 07.01.2021 IN O.A.NO.2068/2020.** - **EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE SLP 7903-7906/2020 SHOWING THE RELIEFS SOUGHT.** **EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF THE SLP 9956/2020 SHOWING THE RELIEFS SOUGHT.** **EXHIBIT P8 TRUE COPY OF G.O.(P)NO.1/2021/G.EDN DATED 05.01.2021.** **EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE INTERIM ORDER AND PRAYER PRAYED IN THE SLP.NO.7903-7906 OF 2020.** OP(KAT) Nos. 16 & 127 of 2021 ..19.. ## **APPENDIX OF OP(KAT).NO.127/2021** ## **PETITIONER'S ANNEXURES** **ANNEXURE A1 TRUE COPY OF THE KER TEST CERTIFICATE ISSUED TO THE APPLICANT BY THE KPSC DATED 23-01-2020** **ANNEXURE A2 TRUE COPY OF THE ACCOUNT TEST (LOWER) CERTIFICATE ISSUED TO THE APPLICANT BY THE KPSC DATED 23-01-2020.** **ANNEXURE A3 TRUE COPY OF THE RIGHT TO EDUCATION AMENDMENT ACT 2017.** - **ANNEXURE A4 TRUE COPY OF THE G.O(MS) NO. 16/18/G. EDN DATED 19-2-2018** **ANNEXURE A5 TRUE COPY OF THE G.O(MS) NO. 27/2018/G.EDN DATED 06-03-2018.** **ANNEXURE A6 TRUE COPY OF THE RELEVANT PAGES OF THE AMENDMENT TO RULE 18(1) OF KERALA RTE RULES VIDE S.R.O NO. 898/2020 AND G.O(P) NO. 19/2020/G.EDN DATED 23-12-2020 PUBLISHED IN THE GAZETTE.** - **ANNEXURE A7 TRUE COPY OF THE RELEVANT PAGES OF THE AMENDMENT TO RULE 18(1) OF KERALA RTE RULES VIDE S.R.O NO. 18/2021 AND G.O(P) NO. 1/2021/G.EDN DATED 5-01-201 PUBLISHED IN THE GAZETTE.** **ANNEXURE A8 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY CENTRAL GOVERNMENT GRANTING RELAXATION IN THE QUALIFICATION OF THE TEACHERS.** **ANNEXURE A9 TRUE COPY OF THE GOVERNMENT ORDER, G.O(MS) NO. 157/2015/G.EDN DATED 10TH JUNE 2015, GRANTING PREFERENCE TO THE QUALIFIED HANDS IN THE MATTER OF APPOINTMENT TO THE POST OF HEAD TEACHER.** **ANNEXURE A10** **TRUE COPY OF THE S.R.O NO. 794 OF 2017** OP(KAT) Nos. 16 & 127 of 2021 ..20.. **DATED 13-12-2017 BY WHICH A 3RD PROVISO GRANTING PREFERENCE TO THE QUALIFIED HANDS IN THE MATTER OF THE APPOINTMENT TO THE POST OF HEAD TEACHER IS ADDED UNDER THE RULE 44 A OF THE KER.** ## **ANNEXURE A11** ## **EXHIBIT P1** ## **EXHIBIT P2** **TRUE COPY OF THE JUDGMENT OF KERLA HIGH COURT IN WP(C) NO 13534 OF 2020 IN K.K GEORGE VS. MANAGER, AIDED U.P SCHOOL AND SCHOOL AND OTHERS DATED 21ST DECEMBER 2020.** **TRUE COPY OF THE MEMORANDUM OF THE ORIGINAL APPLICATION ALONG WITH ITS ANNEXURES FILED BY THE PETITIONER AS APPLICANT BEFORE THE KAT.** **TRUE COPY OF THE ORDER DATED 12-01-2021 OF THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL OA(EKM).77/2021**