High Court of KeralaDivision BenchWrit appeals disposed of.

WA Nos. 746, 1155 & 1216 of 2023

Case / Petition Number:WA 746/2023, WA 1155/2023, WA 1216/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaqué
  • Shoba Annamma Eapen Monday
Judgment Date
2023-03-13
Court Decision / Holding
The writ appeals are disposed of. The Government is directed to consider the matter after hearing all sides and other claimants, within two months, and to pass appropriate orders on eligibility and any consequent benefits, including monetary entitlements, if found eligible, without delay.
Final Disposition
Writ appeals disposed of.

Parties to the Case

Appellants / Petitioners

  • K.S. Sreekumar
  • Manager MSM Higher Secondary School

Respondents

  • Sreelekha L, HSA (Hindi), MSM Higher Secondary School
  • State of Kerala
  • Director of General Education
  • Deputy Director of Education
  • District Educational Officer
  • Geethakumary J, Headmistress, All Saints High School
  • Manager, All Saints High School

Legal Representation & Advocates

Counsels for Petitioners

  • • K.S. Sreekumar - Advocate: Dr. George Abraham? (Noted as appellant counsel in WA 1155) [Listed explicitly in text: DR. GEORGE ABRAHAM, K. REJI, M.V. THAMBAN THARA THAMBAN, B. Bipin, Arun Bose, S. Saigi Jacob Palattiy]
  • • Manager MSM Higher Secondary School - Advocate: K. Mohanakannan, Dr. George Abraham, S Abdul Razzak, A.R. Pravitha, Sri. Saigi Jacob Palatty (as per WA 746)

Counsels for Respondents

  • • S. Abdul Razzak
  • • R. Reji
  • • K. Mohanakannan
  • • M.V. Thamban Thara Thamban
  • • B. Bipin
  • • Arun Bose
  • • S. Saigi Jacob Palattiy
  • • Georg e Abrah am? (listed for WA 1155)
  • • Senior Government Pleader

Case Synopsis & Summary

These connected writ appeals challenge the qualification criteria for the post of Headmaster in aided schools in Kerala. The core issue is whether the University of Kerala’s December 2021 recognition of the Acharya Course offered by the Kerala Hindu Prachar Sabha as equivalent to a B.Ed. degree can substitute for the B.Ed. requirement under Chapter 31 Rule 2 of the Kerala Education Rules, 1959, for vacancies that arose on 01.04.2017. The Government had previously relied on its 1988 order recognizing the Acharya Course as an alternate qualification for Hindi teachers; the University’s later equivalence creates a potential conflict with the appointment norms for Headmasters. The learned Single Judge had upheld the Government’s approach; the Division Bench, however, has set aside that order and directed the Government to re-examine the matter after hearing all claimants, within two months, and to decide the attendant benefits if eligible. The court discusses whether the equivalence principle can relate back to the original acquisition of the degree (citing Praveen Kumar v. Kerala Public Service Commission) but clarifies that there is no rule to deny consideration to other contenders with superior rights as of the vacancy date. The judgment emphasizes primacy of the primary authority to decide qualification issues, rather than judicial intervention, in post-2017 disputes affecting headmaster appointments.

Provisions of Law Cited

Chapter 31 Rule 2 of the Kerala Education Rules, 1959

Legal Doctrines & Maxims

  • Principle of equivalency in degree qualifications (equivalency recognized by University/authorities)
  • Primacy of the primary authority to decide qualification matters, rather than judicial intervention

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contended that Headmaster appointments require B.Ed. or its equivalent under Rule 2 of Chapter 31, Kerala Education Rules, and that the Acharya Course, recognized as equivalent to B.Ed. only by the University of Kerala in December 2021, cannot automatically validate appointments for vacancies that arose in 2017. They argued that the Government’s 1988 recognition of Acharya as an alternate qualification for Hindi teachers does not extend to Headmasters, and that the primary authority must determine eligibility in light of the vacancy date. They urged reliance on the Supreme Court’s Praveen Kumar decision to understand equivalency relating back to degree acquisition but urged caution against denying claims of others with higher rights as of vacancy date. They request setting aside the Single Judge’s decision and directing a timely government reconsideration with consequential monetary benefits if eligible.

Contentions of Respondents

The respondents argued that B.Ed. or its equivalent is required as per the governing rules; they contend the 1988 government order recognizing Acharya for Hindi teachers has limited scope and cannot be extended to Headmasters; they emphasize that the University’s later recognition should be handled by the Government and not by judicial intervention, especially since the vacancy arose before December 2021. They maintain that the Government must conduct a fresh consideration considering all contenders, and that any retrospective benefits must await the Government’s decision after hearing all parties.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Praveen Kumar v. Kerala Public Service Commission2021 (4) KLT Online 1178 (SC)Mentioned OnlyCited to discuss equivalency principles; the court acknowledges the concept but does not apply it as a binding rule to override the vacancy-date rights.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 6[TH] DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WA NO. 1155 OF 2023** **JUDGMENT DATED 13.03.2023 IN WP(C) 23622/2021** ## **APPELLANT/6TH RESPONDENT IN WP(C):** K.S.SREEKUMAR, AGED 49 YEARS S/O. KUTTAN PILLAI, HEADMASTER, M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN-691014 RESIDING AT:- MANIMANDIRAM, PARAMKODU, UMMANNOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE ## **- RESPONDENTS/PETITIONER AND RESPONDENTS 1 5 IN WP(C):** 1 SREELEKHA.L HSA (HINDI), M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN - 691014 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 WA No.1155/2023 & con. cases ..2.. 3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM, PIN - 691009 5 DISTRICT EDUCATIONAL OFFICER CIVIL STATION, KOLLAM, PIN - 691013 6 MANAGER, M.S.M HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN - 691014 BY ADVS. GEORGE ABRAHAM K.MOHANAKANNAN S ABDUL RAZZAK A.R.PRAVITHA(K/168/2003) SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.746/2023, 1216/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.1155/2023 & con. cases ..3.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 6[TH] DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945** **WA NO. 746 OF 2023** **JUDGMENT DATED 13.03.2023 IN WP(C) 23622/2021** ## **APPELLANT/5TH RESPONDENT:** MANAGER, AGED 74 YEARS MSM HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN - 691014 BY ADV K.MOHANAKANNAN ## **RESPONDENTS/PETITIONER & RESPONDENTS IN WP(C):** |1|SREELEKHA. L,| |---|---| ||H.S.A.(HINDI), MSM HIGHER SECONDARY SCHOOL| ||CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN -| ||691014| |2|STATE OF KERALA, REPRESENTED BY SECRETARY TO| ||GOVERNMENT, GENERAL EDUCATION DEPARTMENT,| ||THIRUVANANTHAPURAM, PIN - 695001| |3|THE DIRECTOR OF GENERAL EDUCATION,| ||JAGATHY, THIRUVANANTHAPURAM, PIN - 695014| |4|THE DEPUTY DIRECTOR OF EDUCATION,| ||OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,| ||THEVALLY, KOLLAM, PIN - 691009| |5|THE DISTRICT EDUCATIONAL OFFICER,| ||OFFICE OF THE DISTRICT EDUCATION OFFICE, CIVIL| ||STATION, KOLLAM, PIN - 691013| WA No.1155/2023 & con. cases ..4.. 6 K.S.SREEKUMAR, HEADMASTER, MSM HIGHER SECONDARY SCHOOL, CHATHINAMKULAM, CHANDANATHOPE PO, KOLLAM, PIN - 691014 BY ADVS. DR.GEORGE ABRAHAM (B/O) SRI.K.REJI (B/O) M.V.THAMBAN(T-12) THARA THAMBAN(T-209) B.BIPIN(K/297/2007) ARUN BOSE(K/140/2013) SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.1155/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.1155/2023 & con. cases ..5.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 6[TH] DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WA NO. 1216 OF 2023** **JUDGMENT DATED 01.03.2023 IN WP(C) 21821/2022 OF HIGH** ## **COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1, 2 & 4 IN WP(C):** 1 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, PIN - 691331 2 THE DIRECTOR, GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695014 3 GOVERNMENT OF KERALA, REP.BY PRINCIPAL SECRETARY, GENERAL EDUCATION (B) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 69500 BY ADV GOVERNMENT PLEADER ## **RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WP(C):** 1 GEETHAKUMARY J, HEADMISTRESS, ALL SAINTS HIGH SCHOOL, PUTHAYAM, PIN - 691324 2 THE MANAGER, ALL SAINTS HIGH SCHOOL, PUTHAYAM, PIN-691 324. WA No.1155/2023 & con. cases ..6.. ADDL.R3 K.S.SREEKUMAR, AGED 49 YEARS, S/O. KUTTAN PILLAI, HEADMASTER, M.S.M HIGHER SECONDARY SCHOOL,CHATHINAMKULAM, CHANDANATHOPE (PO), KOLLAM DISTRICT, PIN-691014. RESIDING AT:- MANIMANDIRAM, PARAMKODU, UMMANNOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506. * ADDL.R3 IS IMPLEADED AS PER ORDER DATED 2/8/23 IN IA 1/23 IN WA 1216/23. BY ADVS. S.ABDUL RAZZAK R.REJI K.MOHANAKANNAN M.V.THAMBAN THARA THAMBAN B.BIPIN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WA.1155/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.1155/2023 & con. cases ..7.. ## **-------------------------------------** ## **WA Nos. 746, 1155 & 1216 of 2023** ## **-------------------------------------** ## **JUDGMENT** ## A. MUHAMED MUSTAQUE, J. These matters relate to qualification of Headmaster in aided school, who possesses the Sahithyacharya Certificate issued by the Kerala Hindi Prachar Sabha. 2. Under Chapter 31 Rule 2 of the Kerala Education Rules, 1959, the prescription of the qualification of a Headmaster is as follows; “(1) Headmaster: A degree in Arts or Science or its equivalent and B. Ed./B.T./L.T. or its equivalent conferred or recognised by the Universities in Kerala.” The writ petitions were filed by Headmasters, who were appointed in vacancies arose on 01.04.2017 in different aided schools. As seen from Annexures R1A and R1B produced along with IA No.2 of 2023 in WA No.1216 of 2023, the Academic Council of University of Kerala WA No.1155/2023 & con. cases **==> picture [31 x 7] intentionally omitted <==** recognized the Acharya Course awarded by the Kerala Hindu Prachar Sabha as equivalent to B.Ed. Degree in Hindi in the University of Kerala on 21.12.2021. It appears that the Government was not aware of such recognition. The dispute would show that the Government relied on its own order dated 03.10.1988, where the Government had recognized Acharya Course as an alternate qualification for appointment of Hindi Teachers in the Government and aided High Schools. Therefore, learned Government Pleader would argue that this is only a qualification for imparting training and not a degree for considering appointment to the vacancy of Headmaster. 3. When the Government passed an order sometime in 2022, had the Government adverted to the decision of the University of Kerala, recognizing Acharya Course as equivalent to B.Ed. Degree, this issue could have been easily resolved by the Government. The issue WA No.1155/2023 & con. cases **==> picture [31 x 7] intentionally omitted <==** further extends into a narrow compass for consideration of rival claims as on the date of occurrence of vacancy on 01.04.2017. 4. There are arguments at the Bar placing reliance on the judgment of the apex court in **Praveen Kumar** v. **Kerala Public Service** **Commission** [2021 (4) KLT OnLine 1178 (SC)], where the apex court, in a particular circumstance, held that principle of equivalency would relate back to validate the degree courses from the original acquisition of the degree by the candidate concerned. But, at the same time, there is no rule to hold that when on the date of occurrence of vacancy, if somebody else has superior right, he/she should be denied consideration. Anyway, these are all matters for the Government to consider threadbare on the following aspects; a) The University of Kerala having recognized Acharya Course as an equivalent B.Ed. Degree, is it not sufficient qualification WA No.1155/2023 & con. cases **==> picture [37 x 7] intentionally omitted <==** for consideration for the post of Headmaster under the relevant rule? b)Whether in individual cases of this nature, as on occurrence of vacancy on 01.04.2017, are there any other rival claims for the post of Headmaster? If so, in what manner that has to be considered? 5. The learned Single Judge, in fact, placing reliance on the Government Order, held that the appointment of Headmaster for vacancies arose on 01.04.2017 is valid and they should be given the benefit, apparently, had not adverted to the legal conundrum as above. According to us, it has to be primarily decided by the primary authority and not through a judicial review as the same had not been adverted to, by the primary authority. 6. Accordingly, we set aside the impugned order of the learned Single Judge. We direct the Government to consider the matter as above after hearing both sides and other claimants, WA No.1155/2023 & con. cases **==> picture [37 x 7] intentionally omitted <==** if any, within a period of two months. The Government shall also take such decision as to the consequent order with regard to any other benefits entitled by the parties concerned; and if it is found that they are eligible for such benefits, such monetary benefits shall be released to them without any further delay thereon. The writ appeals are disposed of, accordingly. ## **Sd/-** ## **A. MUHAMED MUSTAQUE** ## **JUDGE** **Sd/-** ## **SHOBA ANNAMMA EAPEN** **JUDGE** bka/- WA No.1155/2023 & con. cases ..12.. ## **APPENDIX OF WA 746/2023** RESPONDENT ANNEXURES Annexure R1(a) TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 31/12/2021 Annexure R1(b) TRUE COPY OF THE ORDER OF THE UNIVERSITY OF KERALA DATED 21.12.2021 WA No.1155/2023 & con. cases ..13.. ## **APPENDIX OF WA 1216/2023** RESPONDENT ANNEXURES Annexure R1A TRUE COPY OF THE ORDER NO. 7388/2021/UOK DATED 21/12/2021 RECOGNIZED ACHARYA CERTIFICATE BY KERALA HINDI PRACHAR SABHA Annexure R1B TRUE COPY OF THE RELEVANT REPLY DATED 06/05/2022 ON ANNEXURE R1A WA No.1155/2023 & con. cases **==> picture [37 x 7] intentionally omitted <==**