Shini T.K. v. State of Kerala & Others; Vidyasree P. v. State of Kerala & Others

W.P(C).Nos.15770/2019-U & 19353/19-T 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941** **WP(C).No.15770 OF 2019(U)** ## **PETITIONER:** ## **SHINI T.K.** **AGED 41 YEARS** **W/O K.R.PRASAD, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) IN MATHEMATICS, THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR, KOYILANDY P.O., KOZHIKODE DISTRICT, PIN-673 305 RESIDING AT S.S. TEMPLE ROAD, MAHADEVA GRAMAM, PAYYANUR P.O., KANNUR DISTRICT, PIN-670 307.** **BY ADVS. SRI.MURALI PALLATH SRI.M.SASINDRAN** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX II), GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **2 THE DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN-695 001.** - **3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT, REGIONAL OFFICE, KALLAYI P.O., KOZHIKODE, PIN-673 001.** - **4 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 014.** - **5 THE MANAGER,** **HIGHER SECONDARY SCHOOL, THIRUVANGOOR, KOYILANDY P.O., KOZHIKODE DISTRICT, PIN-673 305.** |W.P(C).Nos.15770/2019-U &<br>2|W.P(C).Nos.15770/2019-U &<br>2| |---|---| |19353/19-T|| |**6**|**VIDYASREE P**| ||**HSA (MATHEMATICS), THIRUVANGOOR HIGHER SECONDARY**| ||**SCHOOL, THIRUVANGOOR, KOYILANDY P.O., KOZHIKODE**| ||**DISTRICT, PIN-673 305.**| |**7**|**MUHAMMED M.K.**| ||**HIGHER SECONDARY SCHOOL TEACHER, THIRUVANGOOR**| ||**HIGHER SECONDARY SCHOOL, THIRUVANGOOR, KOYILANDY**| ||**P.O., KOZHIKODE DISTRICT, PIN-673305.**| ||**R1-4 BY GOVERNMENT PLEADER SRI JESTIN MATHEW**| ||**R5 BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)**| ||**R6 BY ADV. SRI.M.R.ANISON**| ||**R6 BY ADV. SMT.V.BHARGAVI (PANANGAD)**| ||**R6 BY ADV. SMT.P.A.RINUSA**| ||**R6 BY ADV. SMT.V.P.SEEMANDINI (SR.)**| ||**R7 BY ADV. SRI.GEORGE SEBASTIAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1809-2019, ALONG WITH WP(C).19353/2019(T), THE COURT ON 30-09-2019 DELIVERED THE FOLLOWING:** W.P(C).Nos.15770/2019-U & 19353/19-T 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941** ## **WP(C).No.19353 OF 2019(T)** ## **PETITIONER:** **VIDYASREE.P AGED 36 YEARS** **HIGH SCHOOL ASSISTANT (MATHEMATICS), THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR P.O., KOYILANDY (VIA), KOZHIKODE DISTRICT, RESIDING AT SREEVIHAR MANALIL THAZHE, PUTHUPPANAM P.O., PALOLIPPALAM, VATAKARA 673 105. KOZHIKODE DISTRICT.** **BY ADVS. SRI.M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF HIGHER SECONDARY EDUCATION**| ||**HOUSING BOARD BUILDING, SANTHI NAGAR,**| ||**THIRUVANANTHAPURAM 695 001.**| |**3**|**THE REGIONAL DEPUTY DIRECTOR,**| ||**HIGHER SECONDARY EDUCTION DEPARTMENT,**| ||**REGIONAL OFFICE, KALLAYI P.O.,**| ||**KOZHIKODE 673 001.**| |**4**|**THE MANAGER,**| ||**THIRUVANGOOR HIGHER SECONDARY SCHOOL,**| ||**THIRUVANGOOR P.O.,**| ||**KOZHIKODE DISTRICT 673 304.**| |W.P(C).Nos.15770/2019-U &<br>4|W.P(C).Nos.15770/2019-U &<br>4| |---|---| |19353/19-T|| |**5**|**SHINI.T.K.,**| ||**HIGHER SECONDARY SCHOOL TEACHER (JUNIOR)**| ||**(MATHEMATICS), THIRUVANGOOR HIGHER SECONDARY**| ||**SCHOOL, THIRUVANGOOR P.O.,**| ||**KOYILANDY (VIA), KOZHIKDOE DISTRICT 673 304.**| |**6**|**MUHAMMED.M.K.,**| ||**HIGHER SECONDARY SCHOOL TEACHER (JUNIOR),**| ||**(ENGLISH), THIRUVANGOOR HIGHER SECONDARY SCHOOL,**| ||**THIRUVANGOOR P.O.,**| ||**KOZHIKODE DISTRICT 673 304.**| ||**R4 BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)**| ||**R5 BY ADV. SRI.MURALI PALLATH**| ||**R5 BY ADV. SMT.RAVEENA V.V.**| ||**R5 BY ADV. SRI.M.SASINDRAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1809-2019, ALONG WITH WP(C).15770/2019(U), THE COURT ON 30-09-2019 DELIVERED THE FOLLOWING:** W.P(C).Nos.15770/2019-U & 19353/19-T 5 ## _**P.V.ASHA, J.**_ **--------------------------** W.P(C).No.15770 of 2019-U and 19353 of 2019-T ------------------------------------------- _Dated this the 30[th] day of September, 2019_ ## _**JUDGMENT**_ Whether the appointment to the post of Higher Secondary School Teacher (Junior) in Mathematics in the Thiruvangoor Higher Secondary School, which was sanctioned in 2013, is to be made by transfer or by direct recruitment is the issue involved in this case. Smt.Shiny, who was appointed to the post from open market, has filed W.P.(C).No.15770 of 2019 challenging the order passed by the Government directing appointment to the post by transfer of Smt.Vidyasree in the 25% quota. Smt.Vidyasree, who is working in the School as HSA Mathematics, has filed W.P.(C).No.19353 of 2019 for implementing the said order. Therefore, both these Writ Petitions are disposed of by this common judgment. Parties and documents referred to in the judgment are as described in W.P.(C) No 15770 of 2019 unless specified otherwise. 2. Thiruvangoor High School was upgraded as a Higher Secondary School in the academic year 2000-2001 with 11 teaching posts with the break up of 10 HSST (Junior) and one HSST. Thereafter, in the year 2001-02 one post of W.P(C).Nos.15770/2019-U & 19353/19-T 6 HSST Junior in English was sanctioned. Consequent to sanctioning of an additional batch of Science in 2011, 3 posts - one post each of HSST (Junior) were sanctioned in Physics, Chemistry and Mathematics as per order dated 15.07.2013. The Manager invited applications for appointment to these posts from open market and after conducting selection, appointed 3 HSST Juniors in those 3 subjects on 07.09.2013, from open market. The petitioner was appointed as HSST Junior in Mathematics from open market as per Ext.P1 order on 07.09.2013. 3. In the meanwhile, the Manager had appointed one Sri. Mohamed - the 7[th] respondent, as HSA English on 15.07.2011 against a vacancy which arose on appointment of one Deepu as HSST Junior. Thereafter, when that HSST junior was appointed as HSST, the Manager appointed Sri. Mohamed in that vacancy with effect from 22.10.2011 as HSST Jr. in English by direct recruitment. His appointment as HSST Junior was approved as per order dated 1.02.2013 of the 3[rd] respondent. The DEO approved the appointment of Mohamed as HSA as per order dated 25.03.2013 with effect from 13.07.2011. The Manager thereupon requested to treat the appointment of Sri. Mohamed as one in the quota for by transfer. As per Ext.P3 order dated 16.07.2014, the Joint Director allowed the same and directed the 3[rd] respondent to modify the approval of Sri. Mohamed's appointment as one made under 'by transfer '. Relying on Ext.P3 order the petitioner claims that there was one HSST Junior who was appointed in the 25% quota in the academic year 2013 and therefore appointment to all the three posts sanctioned in 2013 were W.P(C).Nos.15770/2019-U & 19353/19-T 7 to be made by direct recruitment. 4. Smt.Vidyasree, the 6th respondent, who was working as HSA Mathematics, raised a claim against the newly sanctioned post of HSST (Junior) in Mathematics alleging that appointment to that post should have been made by transfer in the 25% quota available to the teachers in the school. The 2[nd] respondent rejected her claim as per Ext.P4 order on the ground that she did not submit application pursuant to the notification of the Manager and did not appear before the selection committee and also that the claim was raised 2 years after the appointment. It was also stated that there was another qualified HSA Mathematics much senior to her. 5. Smt.Vidyasree challenged the order of the 3[rd] respondent filing W.P. (C).No.17750 of 2015, which was disposed of along with the Writ Petition filed by the 7[th] respondent as per Ext.P5 judgment. The learned Single Judge found that there were only 3 sanctioned posts of HSST Junior in the school at the relevant time and therefore one of the vacancies of HSST Junior sanctioned on 15.07.2013 was liable to be filled up by transfer from among the qualified HSAs as on the date of occurrence of vacancy. It was also found that the Manager ought to have considered the claim of Vidyasree before filling up all the three vacancies by direct recruitment. However, it was found that Smt.Shiny, who was working from 07.09.2013, was entitled to approval and payment of salary. The Manager was directed to conduct a selection and make appointment against the post from among W.P(C).Nos.15770/2019-U & 19353/19-T 8 qualified HSAs in accordance with the seniority and eligibility. In the case of the 7[th] respondent who filed W.P.(C).No.20623/2016, respondents were directed to approve his appointment as HSST Junior with effect from 22.10.2011, setting aside the order passed by the Government withdrawing the benefits granted to him. It was found that the method under which he was appointed as HSST was not relevant in the case. Aggrieved by Ext.P5 judgment the petitioner filed W.A.No.483 of 2018. By Ext.P7 judgment dated 12.10.2018 the Division Bench of this Court directed the Government to compute the total number of posts of HSST Junior available during the academic year 2013-14 and to examine whether the 25% quota was filled up by appointing qualified HSA's available in the school after hearing both sides and thereafter to pass orders either granting or rejecting approval to the appointment made by the Manager. Government thereafter issued Ext.P8 order. It was found that the 4 posts of HSST Junior in English, Hindi, Botany and Zoology which existed in the School were upgraded as HSST while 3 new Junior posts were sanctioned in 2013-14. It was found that as on the date of filling up the three newly created posts there was no HSST junior appointed by transfer. Appointment of the petitioner was found contrary to the rule. It was found that since Sri. Shyam Sharma P, the seniormost qualified hand among HSA Mathematics, had relinquished claim, Smt. Vidyasree is entitled to be appointed against the post. In view of the direction in Ext.P5 judgment Smt.Shiny, was permitted to continue with salary till the appointment of Vidyasree. Smt. Shiny W.P(C).Nos.15770/2019-U & 19353/19-T 9 challenges Ext P8 order. 6. The contention of the petitioner is that Smt. Vidyasree did not raise any claim at the time of her appointment. Moreover, when the 7[th] respondent was already there under the 25% quota, a further appointment in that quota was unnecessary and the finding of the Government was incorrect. The petitioner relied on Ext.P3 order where direction was issued to convert the mode of appointment of Mohamed - the 7[th] respondent, as one in 'by transfer ' quota. The Manager also supports Smt.Shiny, relying on Ext.P3, which is no more in force. 11. 7. At the same time, the contention of Smt. Vidyasree is that there was no delay in claiming appointment; Ext.P3 order converting the mode of appointment was set aside by the 2[nd] respondent as per order dated 25.08.2014 (produced as Ext.P3 in W.P.(C) No.19353/2019) and the 3[rd] respondent was directed to maintain status quo before 16.07.2014. It is her contention that Ext.P4 order of the 2[nd] respondent issued on 01.06.2015 rejecting her claim for appointment in the place of Smt.Shiny was reversed in Ext.P8 order pursuant to the direction in the Writ Appeal filed by Smt.Shini. 8. Sri. M. Sasindran, the learned Counsel for the petitioner, argued that in order to work out the quota of 25%, the total number of posts of HSST Junior, which were sanctioned in the school right from the upgradation of the School as Higher Secondary School, has to be reckoned notwithstanding the subsequent upgradation of the posts of HSST Junior as HSST. It was argued that the purpose W.P(C).Nos.15770/2019-U & 19353/19-T 10 for which 25% quota for appointment by transfer and 75% by direct recruitment cannot be achieved if the percentage is reckoned each time when posts are sanctioned. It is also argued that the total number of posts at the relevant time was 4 including that manned by Sri. Mohamed and not 3. He has also got a contention that there were 4 posts of HSST Juniors. 9. In the Writ Petition filed by Smt.Vidyasree it is stated that Sri Mohammed - the 7[th] respondent, was appointed as HSA (English) in the school on 13.7.2011. Even before he got approval for the said appointment, he was appointed against the post of HSST Jr. in English w.e.f 22.10.2011. When his appointment as HSA was approved on 25.3.2013 with effect from 13.07.2011, the manager requested to convert his appointment as one made by transfer and the 3[rd] respondent issued orders converting his appointment as one in the quota for appointment by transfer. However, Ext.P3 order directing the 3[rd] respondent to convert the appointment of Sri Mohammed was reversed by the Director of Higher Secondary Education as per order dt.25.8.14, and the Government thereafter issued order dt.7.4.2016 rejecting the revision petition filed against that order whereby the 7[th] respondent was retained as a directly recruited HSST in English (produced as Exts.P3 and P4 in W.P.(C) No. 19353/2019 filed by Smt.Vidyasree ). 10. The contention of the Manager as well as the petitioner is that when the 7[th] respondent continues, there is no requirement of another person in the 25% quota and that appointment to all the three newly created posts were to be made W.P(C).Nos.15770/2019-U & 19353/19-T 11 from open market. 11. The learned counsel for the petitioner points out that the entire appointments made in the school to the post of HSST Junior are to be considered in order to work out the 25% quota and that appointment by transfer need be made against one among the 4 appointments. It was argued that if every first appointment among the HSST Junior which remain after upgradation or sanctioned after upgradation would have to be made by transfer, it will reduce the chances of appointment from open market and that it would be contrary to the legislative intent while fixing the quota at 25%. 12. On directions from this Court the 3rd respondent has produced the staff fixation orders for the year 2013-14 along with memo dated 22.8.2019. As per the staff fixation order dated 13.5.2014 for the year 2011-12, 2012-13 and 2013-14, it is seen that in 2011-12 there were 4 HSST Jr and 8 HSST. In 2012-13 also the same position continued. In 2013-14 the number of posts in HSST Jr. was only 3; whereas the number of HSST was 12, on account of upgradation of 4 posts and simultaneous sanctioning of additional 3 posts of HSST Jr in Physics, Chemistry and Mathematics. The appointment in question in this case is against the vacancy which arose on account of sanctioning of the additional posts in 2013. At the relevant time there is no HSST Junior who is appointed by transfer in position. Even the post occupied by Sri. Mohamed was upgraded. Therefore, as seen from the staff fixation orders, as against the 3 posts available for 2013-14, the number of W.P(C).Nos.15770/2019-U & 19353/19-T 12 post available for appointment by transfer would be 1. Appointment to the other 2 posts is to be made by direct recruitment. 13. The Manager was duty bound to fill up the 3 vacancies which arose on sanctioning the 3 new posts for the additional batch after ascertaining the availability of qualified hands before resorting to direct recruitment. In this context it is relevant to examine the relevant provisions in the KER, relating to HSST Junior, which is included as category 3 in Chapter XXXII of Kerala Education Rules, 1959. Rule 4 (3) which provides for the method of appointment of Higher Secondary School Teacher (Junior) reads as follows: _3. Higher Secondary School Teacher (Junior): 1. (i) By transfer from qualified High School Assistants in the subject concerned under the Educational Agency. (ii) In the absence of qualified hands under Item (i) above, by transfer from qualified Upper Primary School Assistants/Lower Primary School Assistants in the subject concerned under the Educational Agency. 2. By direct appointment_ _Note. (i) 25% of the total posts shall be filled up by the method specified in Item (I) above on seniority-cum-suitability basis and 75% of such post shall be filled up by direct appointment._ _(ii) When qualified persons are not available to fill up the vacancies set apart for appointment by transfer under Item (I) above, such vacancies also shall be allotted for direct appointment._ As per the rules, appointments to 25% of the total post of HSST Junior are to be made by transfer from qualified HSAs/UPSAs on seniority cum suitability basis. Direct recruitment is the 2nd method of appointment against the remaining 75% of the posts. In this context it is relevant to note the dictum laid down by the Apex Court, while considering an issue relating to appointment of HSST in an aided W.P(C).Nos.15770/2019-U & 19353/19-T 13 School governed by KER in the judgment in _**V.K. Girija v. Reshma Parayil**_ **(2019)** ## **2 SCC 347: ILR 2019(1) Ker 299,** in para 16 which reads as follows **:** _**“16.** Above interpretation of Rule 4(2) is reinforced by looking to Rule 4(3), which deals with recruitment of Higher Secondary School Teacher (Junior). Higher Secondary School Teacher (Junior) is also to be filled up by transfer from qualified High School Assistant in the subjects concerned. In the absence of qualified hands, by transfer from qualified Upper Primary School Assistants/Lower Primary School Assistants in the subjects concerned under the Educational Agency. For filling up the posts in the subjects concerned, the direct recruitment is also provided as one mode of recruitment. Note 1, which is very relevant, provides “25% of the total posts shall be filled up by the method specified in Item (I) above on seniority-cumsuitability basis and 75% of such post shall be filled up by direct appointment”. Here, Note 1, uses two expressions “total posts” and “such posts”. Thus, computation of 25% and 75% is to be based on that total posts of Higher Secondary School Teacher (Junior). The language used in Note 1 when read in contradiction to Rule 4(2)(ii), the intention is clear that whereas for appointment in Higher Secondary School Teacher, the vacancy shall be apportioned, whereas for filling up the post of Higher Secondary School Teacher (Junior), “total posts” are to be apportioned on the basis of cadre strength.”_ 14. Though Sri. M. Sasindran, the learned Counsel for the petitioner, vehemently argued that the “total posts of HSST Junior” shall be construed as total number of posts of HSST Junior sanctioned in the school eversince the upgradation of the High School as Higher Secondary School and that an interpretation otherwise will defeat the object behind the provision contained in Rule 4(3) of the Rules, I am unable to accept such a contention. 15. Moreover, as rightly pointed out by Smt. Seemanthini, the learned Senior Counsel appearing for Vidyasree, the Division Bench of this Court while disposing of the appeal filed by the petitioner Smt.Shiny, in para.8 of the judgment held: > _“8. xxxx Since the words “”total posts” have been used, it is clear that 25% would have to be calculated on the basis of total posts of HSST (Junior)_ W.P(C).Nos.15770/2019-U & 19353/19-T 14 _**available** under the Educational agency or the School as the case may be. Therefore the appropriate authority would have to work out the 25% on the basis of the total number of qualified HSAs in the subject concerned, available under the educational agency or the School as the case may be, for the purpose of deciding whether any of the posts sanctioned was required to be filled up through the method of “by transfer”._ 16. From the staff fixation orders produced before this Court it is clear that there are only 3 posts of HSST Junior in the academic year 2013-14. That means, all other posts of HSST junior which existed in the School including the one which was occupied by Sri. Mohamed are already upgraded as on the date when the 3 new posts were sanctioned in 2013. Therefore, the question regarding the mode of appointment of Sri.Mohamed – the 7th respondent, is not at all relevant in deciding the issue. Even otherwise the order Ext.P3 relied on by the petitioner and the Manager was set aside. 17. The next question which arises for consideration is which would be the post available for appointment by transfer when there are only three posts. In the judgment in _**Prasannakumari v. Director of Higher Secondary Education**_ : 2006(1) KLT 356, relied on by the learned Senior Counsel, this Court was considering the appointment which was governed by the executive order dated 13.05.1998 prior to the introduction of Chapter XXXII of KER. However, the Note to Rule 4(3) provides for 'appointment by transfer' as the first method of appointment. Therefore, as found by the Division Bench in Ext.P7 judgment the Manager should have ascertained the availability of qualified teachers in the School for appointment to the newly sanctioned posts. The Government has rightly found that the post of HSST junior in Mathematics ought to have been made by W.P(C).Nos.15770/2019-U & 19353/19-T 15 appointing the petitioner. 18. Though the petitioner has raised a contention that there is an HSA(Maths) senior to the petitioner, Government has found that he has relinquished his claim. At any rate, that will not in any way help the petitioner. The petitioner would succeed only if it is found that there is no qualified hand among the teachers in the School for appointment by transfer. 19. I do not find any substance in the contention of the petitioner that she th th was appointed against the 11 post and the 6 respondent raised a claim only at the time of filling up the 13th /14th post, , etc. The judgments of the Division Bench in _**Manager v. Saritha**_ [2019 (4) KHC 391 (DB)] or _**Stella v. Rasmi**_ [2019(3) KLT 599] do not apply to the factual circumstances arising in this case. 20. Therefore I do not find any illegality in Ext.P8 order warranting interference of this Court. Hence W.P.© No.15770 of 2019 is dismissed. 21. W.P.(C) No.19353 of 2019 is allowed with a direction to the Manager to take steps for appointment of Vidyasree as directed in the order passed by the Government, without any further delay and at any rate within a period of one month from the date of receipt of a copy of the judgment. _Sd/-_ _**(P.V.ASHA, JUDGE)**_ _rtr/_ W.P(C).Nos.15770/2019-U & 19353/19-T 16 ## **APPENDIX OF WP(C) 15770/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF APOPOINTMENT ORDER DATED 7.9.2013 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 13.7.2011 IN RESPECT OF THE 7TH RESPONDENT. EXHIBIT P3 TRUE COPY OF LETTER NO.ACD.B1/19774/2013/HSE DATED 16.7.2014. EXHIBIT P4 TRUE COPY OF ORDER NO.ACD.B1/19774/2013/HSE DATED 1.6.2015.** **EXHIBIT P5 TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH COURT DATED 20.12.2017 IN WPC NO.17750 OF 2015. EXHIBIT P6 TRUE COPY OF ORDER DATED 25.1.2018 OF THE HON'BLE HIGH COURT IN IA NO.1522/2018 IN WPC NO.17750/2015. EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 12.10.2018 OF THE HON'BLE HIGH COURT IN WA NO.483 OF 2018. EXHIBIT P8 TRUE COPY OF GO(RT.) NO.1957/2016/G.EDN. DATED 28.5.2019. EXHIBIT P9 TRUE COPY OF SENIORITY LIST OF THE STAFF OF THIRUVANGOOR HSS, THIRUVANGOOR. EXHIBIT P10 TRUE COPY OF ORDER NO.A2/10740/- 2010 DATED 26.11.2013 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF ORDER NO.A2/12382/2011 DATED 01.02.2013 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P12 TRUE COPY OF ORDER NO.A2/2609/2014/DDIS. DATED 13.05.2014 ISSUED BY THE 3RD RESPONDENT.** W.P(C).Nos.15770/2019-U & 17 19353/19-T ## **APPENDIX OF WP(C) 19353/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF G.O.(MS) NO. 211/2013/G.EDN DATED 15.7.2013** **EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 22.1.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE ORDER NO. ACD.B1/19774/14/HSE DATED 25.8.2014 ISSUED BY THE 2ND RESPODNENT** **EXHIBIT P4 TRUE COPY OF G.O.(RT) NO. 1347/2016 DATED 7.4.2016 EXHIBIT P5 TRUE COPY OF THE GOVT. ORDER NO. ACD. BI/10130/2014/HSE DATED 11.6.2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER G.O.(P) NO. 247/2019/G.EDN DATED 20.1.2019 EXHIBIT P7 TRUE COPY OF CIRCULAR NO. ACD.B1/15819/HSE/2002DATED 29.7.2004 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE NEWS ITEM PUBLISHED IN KERALA KAUMUDI DAILY DATED 14TH AUGUST 2013. EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE SELECTION COMMITTEE DATED 6.9.2013 SELECTING 5TH RESPONDENT TO HSST (JR) POST. EXHIBIT P10 TRUE COPY OF ORDER NO. ACD.B1/19774/2013/HSE DATED 1.6.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE PROPOSAL OF THE SELECTION COMMITTEE DATED 31.3.2018 SELECTING PETITIONER TO HSST (JR) POST. EXHIBIT P12 TRUE COPY OF THE ORDER G.O. (RT) NO. 1957/GEDN, DATED 28.5.2019.** |W.P(C).Nos.15770/2019-U &|18| |---|---| |19353/19-T|| |**EXHIBIT P13**|**TRUE COPY OF THE CHART SHOWING THE NAME AND**| ||**SERVICE DETAILS OF HSST (1) AND HSST (JR)**| ||**(14) WORKING IN THE 4TH RESPONDENT AS**| ||**7.9.2013.**| |**EXHIBIT P14**|**TRUE COPY OF CHART SHOWING THE DESIGNATION,**| ||**SUBJECT AND PERIOD OF APPOINTMENT OF THE**| ||**STAFF IN POSITION IN 4TH RESPONDENT SCHOOL**| ||**S ON 7.9.2013.**|