JOLLYAMMA V.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is employed as an HSST (Hindi) at St. Sebastian HSS, Koodaranji, an Aided School governed by the provisions of the Kerala Education Act and the Rules framed thereunder and managed by the 4th Respondent, Corporate Educational Agency. The grievance projected by the petitioner in this writ petition concerns the 3rd Respondent's refusal to grant approval of her appointment with effect from 1/6/2016 onwards. Her request for approval has been rejected by Exhibit P6 order, the relevant portion of which reads as under

(2.) Exhibit P6 order reveals that the concerned Secretary has rejected the proposal holding that the selection was carried out without constituting a Selection Board consisting of a Government Nominee, and therefore the same is against the extant Rules and orders.

(3.) Prior to discussing the bare facts, it must be stated that the reasons stated in Exhibit P6 for rejecting the proposal are clearly against the Rules, the Government orders regarding the modalities of appointment by transfer appointees, and against the binding precedents, including Exhibit P8, which is a judgment rendered by a Division Bench of this Court. This Court, while sitting in this jurisdiction, is presented with writ petitions contesting orders of a similar sort, which could have been avoided if the concerned Respondent had complied with Government instructions and this Court's rulings. In aided schools, teachers are required to spend time and money before statutory authorities and courts, preventing them from focusing on their divine responsibility of teaching. Unfortunately, Exhibit P7 is issued by the concerned Secretary of the Government, and this fact demonstrates that even at the highest levels, officers are either unprepared or uninformed of the relevant Rules and the law interpreted by this Court based on the provisions of the law. If the concerned authorities do not take immediate action to fix these teething issues, the same situation would continue unabated. Using the insights I have gathered from Smt.Nisha Bose, the learned Senior Senior Government Pleader, and the counsel who represents the petitioners in various cases, I would request the State to initiate immediate measures to resolve the issues.