SANGEETHA ROSE K.V. v. STATE OF KERALA & ORS

**WP(C) NO. 28206 OF 2022 1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 10[TH] DAY OF JANUARY 2023 / 20TH POUSHA, 1944 WP(C) NO. 28206 OF 2022** ## **PETITIONER/S:** SANGEETHA ROSE K.V. AGED 37 YEARS WIFE OF MEJOY JOSE, AKKARA HOUSE, VENGINISSERY DESOM, PARALAM POST, VENGINISSERY VILLAGE, THRISSUR TALUK AND DISTRICT, KERALA., PIN - 680563 BY ADVS. SHIBIN K.F. SEBY JOSEPH ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, ROOM NO. 138, FIRST FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE GENERAL EDUCATION DIRECTOR, GOVERNMENT OF KERALA, JAGATHI, THIRUVANANTHAPURAM, KERALA., PIN - 695001 3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, AYYANTHOLE, THRISSUR, KERALA., PIN – 680003 4 THE DISTRICT EDUCATION OFFICER THE OFFICE OF THE DISTRICT EDUCATION OFFICER, **WP(C) NO. 28206 OF 2022** **2** PALACE ROAD, THRISSUR DISTRICT, KERALA., PIN - 680020 5 THE MANAGER HIGHER SECONDARY SCHOOL ARIMPUR, ARIMPUR POST, THRISSUR DISTRICT, KERALA., PIN - 680620 - 6 THE HEAD MASTER HIGHER SECONDARY SCHOOL ARIMPUR, ARIMPUR POST, THRISSUR DISTRICT, KERALA., PIN - 680620 BY ADV ADVOCATE GENERAL OFFICE KERALA SMT MARY BEENA JOSEPH SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 28206 OF 2022** **3** ## **JUDGMENT** The petitioner was appointed as HST (English) in the Higher Secondary school, Arimpur, an aided school governed by the provisions of the Kerala Education Act and the Rules framed thereunder and under the management of the 5th respondent. She was appointed in the promotion vacancy of certain Mary Reena KP, who had been promoted as HSST English on 14.03.2013. While she was working as aforesaid, the 4th respondent came out with Ext.P2 staff fixation order for the year 20222023, as per which one post of HSST (English) was reduced, and the petitioner was retrenched from service and deployed to Sarva Siksha Kerala (SSK) by Ext.P3 order. The contention of the petitioner is that the impugned order is in blatant violation of the provisions of the KER and the rules framed thereunder as well as the observations of the Division Bench of this Court in P.M. Ali and another v. State of Kerala and others [judgment in W.P.(C) No. 23159/2018 dated 10.08.2021]. It is in the afore circumstances that this writ petition is filed seeking the following reliefs. A. To issue a Writ of Mandamus and/or any other appropriate Writ, Direction and/or Order directing the respondents to allow the petitioner to work in the Higher Secondary School, Arimpur as High School English Teacher till the Exhibit P8 Judgment of this Honourable **WP(C) NO. 28206 OF 2022** **4** Court as well the statutory mandate contained in Rule 6.1 in Chapter XXIII of Kerala Education Rules 1959 are completely complied with by the 1st respondent. B. To issue the Writ of Mandamus and/or any other appropriate Writ, Order and/or Direction interdicting the respondents from implementing Exhibit P2 and P3 Orders in respect of the petitioner. 2. A counter affidavit has been filed by the 4th respondent. After reiterating the contentions, it is stated that in terms of the directions issued by the DGE, the staff fixation order for the year 2022-2023 was issued on 21.08.2022. It is stated that one post of HST English was reduced due to the lack of a sufficient number of students. As per the staff statement furnished by the Headmaster, the petitioner is the junior most. Though the petitioner had continuous service since 03.06.2013 and is eligible for protection, the petitioner, along with similarly placed HSSTs, were temporarily deployed to SSK by the 3rd respondent by Ext.P3 order. It is further stated that as per the staff fixation for the year 2022-2023 of the Higher Secondary School, Arimpur, there are a total number of 16 divisions, and 30 posts have been sanctioned. This warrants the sanction of three posts of English, among other posts. It is also stated that three other HSSTs (English) are working at the Higher Secondary School, **WP(C) NO. 28206 OF 2022** **5** Arimpur. It was in compliance with the directions issued by the 2nd respondent dated 25.08.2022 that the petitioner was temporarily deployed to SSK. 3. Sri. Shibin K.F., the learned counsel appearing for the petitioner, submitted that the order issued by the respondent for the deployment of the petitioner cannot be sustained. According to the learned counsel, pursuant to the amendments incorporated in the KER with effect from 07.01.2002, English has been included as a language in Rule 3(2a). Consequent to the amendment, the period of work is also incorporated in Clause 2 to achieve the object of sanctioning the post of HSA (English). It is further submitted that in terms of Rule 6(1), notwithstanding anything contained in other provisions of Chapter XXIII, a post of HSA (English) has to be sanctioned on the basis of the period allocated to English, observing the minimum subject requirement. The learned counsel submits that even as per the assertions in the counter, there are 16 divisions, and therefore there would be 80 periods, and going by Rule 16, as there are more than 79 periods per week, there have to be four HSSTs (English). 4. The Government Pleader has reiterated the contentions in the counter. **WP(C) NO. 28206 OF 2022** **6** 5. In P.M. Ali and another v. State of Kerala and others [judgment in W.P.(C) No. 23159/2018 dated 10.08.2021], the division bench of this Court after considering the provisions of the Kerala Education Act, the Rules framed thereunder and the Government Orders and Circulars, had held that in terms of Rule 3 of Chapter XXIII, the strength of the teaching staff in Upper Primary and Secondary schools shall be fixed on the basis of the number of recognized class divisions and periods of work. A new cadre of English had to be created by appointing/promoting qualified hands against the vacancies caused by retirement, additional division, resignation, and leave, observing the minimum subject ratio requirement between Maths, Science, and Social Studies. It was held further that the phraseology employed in Rule 6I is very specific and clear, and what is intended is that notwithstanding anything contained in any other rule in Chapter XXIII, the post of HSA (English) shall be sanctioned on and with effect from the academic year 2002-2003, in a phased manner as indicated by the Government as per the Government Order dated 07.01.2002. 6. From the counter affidavit, it is luculent that there are 16 divisions. Going by the period allotment for English, there being 16 **WP(C) NO. 28206 OF 2022** **7** divisions, the intended total period allocation for the English language would be 80. If that be the case, going by Rule 6I r/w Section 6D, there ought to be four Full-Time English language teachers. From the counter, it is clear that there are only 3 posts of HST English have been sanctioned. It was in the said circumstances that the petitioner was temporarily deployed to the SSK. In view of the discussion above, the petitioner is entitled to succeed. I hold that the petitioner is entitled to be accommodated in the Higher Secondary School, Arimpur. Exts.P2 and P3 will stand quashed. There will be a direction to the respondents to recall the petitioner to the parent school forthwith. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** NS **WP(C) NO. 28206 OF 2022** **8** ## **APPENDIX OF WP(C) 28206/2022** PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03-06-2013 A TRUE COPY OF THE ORDER DATED 21-082022 ISSUED BY THE 4TH RESPONDENT A TRUE COPY OF THE ORDER DATED 25-082022 Exhibit P4 A TRUE COPY OF THE CERTIFICATE SHOWING THE PETITIONER'S QUALIFICATION AS MASTER OF ARTS IN ENGLISH ISSUED BY THE ANNAMALAI UNIVERSITY DATED 09-11-2011 Exhibit P5 A TRUE COPY OF EQUIVALENT CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT DATED 10-05-2011 Exhibit P6 A TRUE COPY OF THE CERTIFICATE SHOWING THE PETITIONER'S QUALIFICATION AS BACHELOR OF EDUCATION WITH ENGLISH AS OPTIONAL SUBJECT ISSUED BY THE UNIVERSITY OF CALICUT DATED 03-12-2011 Exhibit P7 A TRUE COPY OF THE CERTIFICATE SHOWING THE PETITIONER'S QUALIFICATION AS MASTER OF EDUCATION ISSUED BY THE UNIVERSITY OF CALICUT DATED 05-06-2012 Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 23159 OF 2018 DATED 10-08-2021 Exhibit P9 A TRUE COPY OF THE CHAPTER 4 OF THE DRAFT SCHOOL MANUAL DATED NIL ISSUED BY THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 29-092022 IN CONTEMPT CASE (CIVIL) NO. 1794/2022