Sheeba Sherin M.S. v. State of Kerala and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 3[RD] DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 28584 OF 2021 ``` ## **`PETITIONER/S:`** ``` SHEEBA SHERIN.M.S, AGED 48 YEARS D/O G.MUTHU SWAMI, T.S.COTTAGE, ALUMMOODU, NIDRAVILA POST, KANYAKUMARI DISTRICT, TAMIL NADU STATE, PIN-629 154, WORKING AS HEADMISTRESS, L.M.S HIGHER SECONDARY SCHOOL, AMARAVILA, THIRUVANANTHAPURAM DISTRICT, PIN-695 122. ``` ``` BY ADVS. JOSEPH GEORGE JIBU P THOMAS ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY SECRETARY, HIGHER SECONDARY EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.` - `2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.` - `3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, THIRUVANANTHAPURAM, PIN-695 033.` - `4 THE CORPORATE MANAGER, CSI SOUTH KERALA DIOCESE-LMS SCHOOLS, LMS COMPOUND, THIRUVANANTHAPURAM, PIN-695 033.` - `5 ANI ROSE L, AGE NOT NOT KNOWN TO THE PETITIONER, D/O LALASON P, CHRIST NIVAS, T.C.55/2215, S-1 SAI NAGAR, PPANAMCODE P.O.THIRUVANANTHAPURAM, PIN-695 018, WORKING AS PRINCIPAL, LMS H.S.S.CHEMBOOR, PIN-695 018.` 2- W.P.(C). No. 28584 of 2021 ``` 6PRAJEENA JAIN J, AGE NOT KNOWN TO THE PETITIONER, D/O JAYADHARAN M, CHRIST VILLA, DHANUVACHAPURAM P.O.THIRUVANANTHAPURAM, PIN695 503, WORKING AS PRINCIPAL, LMS H.S.S.VATTAPPRA, THIRUVANANTHAPURAM, PIN-695 503. 7ROY B JOHN, AGE NOT KNOWN TO THE PETITIONER, S/O PADMANABHAN NADAR, PANCHAVADY, T.C.19/1650, THAMALAM, POOJAPURA P.O.THIRUVANANTHAPURAM, PIN-695 012, WORKING AS PRINCIPAL, LMS H.S.S. AMARAVILA, THIRUVANANTHAPURAM, PIN-695 012. BY ADVS. ARUN.B.VARGHESE R.SUNIL KUMAR B.MOHANLAL AISWARYA V.S. VARNA MANOJ P.S.PREETHA KARTHIK J SEKHAR A.SALINI LAL ``` ## **`OTHER PRESENT:`** ``` SMT.NISHA BOSE, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3- W.P.(C). No. 28584 of 2021 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== W.P.(C) No. 28584 of 2021 ============================================================= Dated this the 3[rd ] day of April, 2023 ## **JUDGMENT** The above writ petition is filed with following prayers: “ _i) declare that the petitioner is eligible to be appointed as Principal of any one of the Higher Secondary schools under the 4[th] respondent._ _ii) call for the records leading to the original of Exhibit P- 4 and set aside it by the issuance of a writ of certiorari or other appropriate writ, order or direction._ _iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2[nd] respondent to assume the charge of the Corporate Manager of LMS Schools of the Diocese of South Kerala of the Church of South India and appoint the petitioner as the Principal of one of its Higher Secondary schools._ _iv) grant such other and further reliefs as this Hon’ble Court deem fit and proper in the facts and circumstances of the case.” (sic)_ 2. The petitioner is working as Headmistress of LMS High SchooL, Amaravila under the Corporate Management of the 4[th] respondent. According to the petitioner, she is eligible for 4- W.P.(C). No. 28584 of 2021 appointment to the post of Principal of Higher Secondary Schools in the ‘by transfer’ quota and possessing all the qualifications prescribed as per chapter XXXII KER. The post of Principal in Kerala Aided Higher Secondary Education Service is to be filled up from ‘By promotion’ and ‘By transfer’ method in the ratio of 2:1. It is the case of the petitioner that during the academic year 2021-22, three vacancies of Principals arose in the corporate management of 4[th] respondent and the three posts were filled by selecting candidates from ‘promotion’ category violating the above mentioned ratio of 2:1 is the submission. The petitioner lodged a claim for promotion vide Ext.P2 and this Court directed to consider her representation vide Ext.P3 judgment. But the 2[nd] respondent passed Ext.P4 order rejecting the same. The reasoning given by the 2[nd] respondent for rejecting the claim of the petitioner for appointment as Principal of Higher Secondary Schools from the ‘by transfer’ quota is that: “in the event of appointing the petitioner as Principal, a super numerical post of 5- W.P.(C). No. 28584 of 2021 Hindi teacher has to be created and the same will be a financial burden to the Government”. It is the case of the petitioner that the 2[nd] respondent ignored the settled position of law regarding the mandatory requirement of following 2:1 ratio prescribed under Chapter XXXII KER in the appointment of principal. Hence, this writ petition. 3. Heard the counsel for the petitioner and the Government Pleader. 4. The counsel for the petitioner submitted that, similar point is considered by this Court in judgment dated 13.03.2023 in WP(C) No.2255 of 2023 and in **Thomas v. State of Kerala** [2013 (4) KLT 257] . The Government Pleader and the contesting respondents submitted that the petitioner already filed Ext.P5 revision before the Government and the matter is to be considered by the revisional authority. 6- W.P.(C). No. 28584 of 2021 5. This Court considered the contentions of the petitioner, Government Pleader and the contesting respondents. After hearing both sides, I am of the considered opinion that this writ petition itself can be disposed of directing the Government to consider Ext.P5 within a time frame. The Government can also be directed to consider the applicability of the judgment dated 13.03.2023 in WP(C) No.2255 of 2023 and the principle laid down in **Thomas v. State of Kerala** [2013 (4) KLT 257], while deciding Ext.P5 revision. Therefore, this writ petition is disposed of in the following manner: 1. The 1[st] respondent is directed to consider Ext.P5 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and respondents 4 to 7, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. 7- W.P.(C). No. 28584 of 2021 2. While passing orders, the 1[st] respondent will consider the applicability of the judgment dated 13.03.2023 in WP(C) No.2255 of 2023 and the principle laid down by this Court in **Thomas v. State of Kerala** [2013 (4) KLT 257]. 3. The appointment of respondents 5 to 7 will be subject to the final decision in Ext.P5 revision. 4. The petitioner will produce a stamped certified copy of this judgment along with a copy of this writ petition before the 1[st] respondent for compliance. The petitioner will also made available the decisions cited in this judgment before the 1[st] respondent. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das 8- W.P.(C). No. 28584 of 2021 ## **`APPENDIX OF WP(C) 28584/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE PHOTOCOPY OF ORDER NO B/499/18/CM DATED 27.3.2018 ISSUED BY THE 4TH RESPONDENT ``` ``` Exhibit P2TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.9.2020 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE PETITIONER Exhibit P3TRUE PHOTOCOPY OF JUDGMENT DATED 16.7.2021 IN WPC 14196/2021 OF THIS HON'BLE COURT Exhibit P4TRUE PHOTOCOPY OF ORDER NO ACD B3/204305/2021/HSE DATED 11.11.2021 OF THE 2ND RESPONDENT Exhibit P5TRUE PHOTOCOPY OF THE APPEAL DATED 19.11.2021 SUBMITTED BEFORE THE GOVERNMENT BY THE PETITIONER ```