W.P.(C) Nos. 10457 of 2014, 669 of 2015 & 36181 of 2017

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2017-12-21
Court Decision / Holding: Ext.P15 order in W.P.(C) No.10457/2014 is set aside. The issues raised shall be considered by the Government afresh in light of the Supreme Court’s declaration in Manager, VKNM Vocational Higher Secondary School v. State of Kerala and Others (2016) 4 SCC 216, after hearing the Manager and any other affected persons. Orders shall be passed within three months from the date of receipt of this judgment.
Final Disposition: Ext.P15 set aside; government to reconsider afresh in light of apex law; hearing to be afforded; fresh orders to be passed within three months.

Parties to the Case

Appellants / Petitioners

Aliabdurahim K.P.
Ishackali C.C.

Respondents

Manager, M.I.Aided Mappila Upper Primary School, Cheruvattor (Via) Kondotty, Malappuram District
Assistant Educational Officer, Kondotty, Malappuram District
Director of Public Instructions, Thiruvananthapuram
State of Kerala, represented by Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram
SMT.K.M.Jameela

Legal Representation & Advocates

Counsels for Petitioners

• Dr. George Abraham

Counsels for Respondents

• Sri. T. H. Chacko
• Government Pleader
• Sri. V. A. Muhammed
• Sri. M. Sajjad

Case Synopsis & Summary

This batch of writ petitions concerns the challenge to Ext.P15, a Government order upholding the Rule 51A claim of the fifth respondent in a school appointment dispute under Kerala Education Rules. The petitioners, Aliabdurahim K.P. and Ishackali C.C., contend that the fifth respondent’s prior approved service was only for a short period and does not entitle her to appointment under Rule 51A, Chapter XIV A, KER. They rely on a decision of the Supreme Court in Manager, VKNM Vocational Higher Secondary School v. State of Kerala and Others (2016) 4 SCC 216, arguing that Ext.P15 is unsustainable given that the settled law should govern such cases. The Respondents' arguments are not explicitly stated in the provided excerpt. The High Court, after hearing, holds Ext.P15 to be set aside and directs the Government to reconsider the issue afresh in the light of the apex court declaration. It orders the Government to hear the Manager and all affected stakeholders and to pass fresh orders within three months from the date the judgment is received. The order underscores the need to harmonize the Rule 51A claims with higher court authority, and to reconsider the matter rather than mechanically applying the earlier decision.

Provisions of Law Cited

Rule 51A, Chapter XIV A, Kerala Education Rules (KER)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the issue falls within the purview of the Supreme Court’s decision in Manager, VKNM Vocational Higher Secondary School v. State of Kerala and Others (2016) 4 SCC 216. They contend that the prior approved service of the 5th respondent was temporary and cannot vest a right to appointment under Rule 51A, Chapter XIV A, KER, making Ext.P15 unsustainable and warranting its set aside. The matter also implicates how Rule 51A claims should be reconciled with higher Court guidance.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Manager, VKNM Vocational Higher Secondary School v. State of Kerala and Others	2016 (4) SCC 216	Positive	The court relies on the apex Court decision as controlling authority to guide the reconsideration of Rule 51A claims and to ensure consistency with higher judicial guidance.

Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 21ST DAY OF DECEMBER 2017 / 30TH AGRAHAYANA, 1939 WP(C).No. 10457 of 2014** ## **PETITIONER(S)** - **1 ALIABDURAHIM K.P, AGED 30 YEARS, S/O.MOIDHEENKUTTY, ARABIC TEACHER, M.I. AIDED MAPPILA UPPER PRIMARY SCHOOL, CHERUVATTOR (VIA) KONDOTTY, MALAPPURAM DISTRICT.** - **2 ISHACKALI C.C, ARABIC TEACHER, M.I.AIDED MAPPILA UPPER PRIMARY SCHOOL, CHERUVATTOR (VIA) KONDOTTY, MALAPPURAM DISTRICT.** **BY ADV.DR.GEORGE ABRAHAM** ## **RESPONDENT(S)** **1. MANAGER, M.I.AIDED MAPPILA UPPER PRIMARY SCHOOL, CHERUVATTOR,(VIA) KONDOTTY, MALAPPURAM DISTRICT- 673 638.** **2. ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT- 673 638.** **3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001.** **4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **5. SMT.K.M.JAMEELA, W/O.MAMMAD, DARUL HUBB, PARASSERY P.O., VAZHAKKAD, MALAPPURAM DISTRICT, PIN 673 640.** - **R1 BY ADV. SRI.T.H.CHACKO** - **R2-R4 BY ADV. GOVERNMENT PLEADER** - **R5 BY ADV. SRI.V.A.MUHAMMED** - **R5 BY ADV. SRI.M.SAJJAD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2017,ALONG WITH WP(C) 669/2015 & WP(C)36181/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Hr....** **WP(C).No. 10457 of 2014 (F)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **EXHIBIT-P1: TRUE COPY OF THE APPOINTMENT ORDER APPROVED BY THE DEPARTMENT ISSUED TO THE 1ST PETITIONER.** **EXHIBIT-P2: TRUE COPY OF THE APPOINTMENT ORDER DATED 04.06.1996 ISSUED TO THE 2ND RESPONDENT.** **EXHIBIT-P3: TRUE COPY OF THE APPOINTMENT ORDER DATED 07.12.2012 ISSUED TO THE 2ND RESPONDENT.** **EXHIBIT-P4: TRUE COPY OF THE PROCEEDINGS OF THE AEO ACCEPTING THE RESIGNATION OF THE 5TH RESPONDENT.** **EXHIBIT-P5: TRUE COPY OF THE REQUEST SUBMITTED BY THE 5TH RESPONDENT TO THE MANAGER, THAT SHE BE APPOINTED IN THE TEMPORARY VACANCY ON AN AD-HOC ARRANGEMENT.** **EXHIBIT-P6: TRUE COPY OF THE ORDER DATED 31.07.2012 OF THE ASSISTANT EDUCATIONAL OFFICER DIRECTING THAT THE 2ND PETITIONER IS THE RIGHTFUL CLAIMANT.** **EXHIBIT-P7: TRUE COPY OF THE ORDER DATED 31.08.2013 ISSUED BY 3RD RESPONDENT REJECTING THE CLAIM OF THE 5TH RESPONDENT.** **EXHIBIT-P8: TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN WP(C) NO.27149/2013,OBTAINED FROM THE OFFICIAL SITE OF THE HIGH COURT OF KERALA. EXHIBIT-P9: TRUE COPY OF THE HEARING NOTICE DATED 09.12.2013. EXHIBIT-P10: TRUE COPY OF THE HEARING NOTE FILED BY THE MANAGER.** **EXHIBIT-P11: TRUE COPY OF THE ADDITIONAL HEARING NOTE FILED BY THE MANAGER ON 30.01.2014.** **EXHIBIT-P12: TRUE COPY OF THE COMMUNICATION ISSUED BY THE SPECIAL SECRETARY, GENERAL EDUCATION DEPARTMENT ON 03.01.2014.** **EXHIBIT-P13: TRUE COPY OF INFORMATION RECEIVED BY THE 2ND RESPONDENT FROM THE INFORMATION OFFICER SENT ON 17.01.2014.** **EXHIBIT-P14: TRUE COPY OF INFORMATION RECEIVED BY THE 2ND RESPONDENT FROM THE INFORMATION OFFICER SENT ON 30.01.2014. EXHIBIT-P15: TRUE COPY OF THE ORDER OF GOVERNMENT DATED 28.03.2014 TERMINATING THE SERVICE OF THE 1ST PETITIONER. EXHIBIT P15(a)TRUE ENGLISH TRANSLATION OF EXHIBIT P15.** **WP(C).No. 10457 of 2014 (F)** ## **RESPONDENT(S)' EXHIBIT** **EXHIBIT R5(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT MISSION COORDINATOR DATED 12-05-2014.** **EXHIBIT R5(a)(i) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT R5(a).** **// TRUE COPY//** **P.S TO JUDGE.** **Hr...** ## **ANU SIVARAMAN, J.** **--------------------------------** ## **W.P.(C) Nos.10457 of 2014, 669 of 2015 & 36181 of 2017** **--------------------------------Dated this the 21[th] day of December, 2017** ## **J U D G M E N T** **-----------------** W.P.(C) No.10457 of 2014 is filed challenging Ext.P15 order of the Government upholding the Rule 51 A claim raised by the 5[th] respondent. W.P.(C) No.669 of 2015 is filed by the 5[th] respondent in W.P.(C) No.10457 of 2014 seeking implementation of the very same order. W.P.(C) No.36181 of 2017 is filed by a teacher, who was subsequently appointed in the school, whose approval was rejected by Ext.P2 order on the ground that the appointment cannot be approved until Rule 51 A claim raised by the petitioner in W.P. (C) No.669/2015 is honoured. 2. Heard counsel appearing for the parties. 3. It is submitted by the learned counsel appearing for the petitioners in W.P.(C) No.10457/2014 that the issue raised in this writ petition is covered by the decision of the Apex Court in **Manager, VKNM Vocational Higher Secondary School v. State of Kerala and Others** (2016) 4 SCC 216. It W.P.(C).Nos. 10457 /14, 669/15 & 36181/17 2 is stated that prior approved service of the 5[th] respondent was only for a short period and she would have no claims for appointment under Rule 51A, Chapter XIV A, KER. It is therefore contended that the view taken in Ext.P15 order, which is under challenge in the said writ petition, is clearly unsustainable and the said order is liable to be set aside. The learned counsel appearing for the petitioner in W.P.(C) No.36181/2017 would contend that the issue has to be reconsidered in the facts and circumstances of the case by the Government, in the light of declaration of law by the Apex Court. 4. In the above view of the matter, Ext.P15 order in W.P. (C) No.10457/2014 is set aside. The issue raised in these writ petitions shall be considered by the Government afresh, in the light of declaration of law by the Apex Court in **Manager, VKNM Vocational Higher Secondary School** (supra) and orders shall be passed after hearing the Manager, petitioners in all these three cases and any other persons likely to be affected. Orders in this regard shall be passed by the Government, within a period of three months from the date of W.P.(C).Nos. 10457 /14, 669/15 & 36181/17 3 receipt of a copy of this judgment. These writ petitions are ordered accordingly. Sd/- **ANU SIVARAMAN JUDGE** rmm/22/12 // True copy // P.A. To Judge