NISARANI Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner in W.P(C) 12330/2014 is an H.S.A (Malayalam) appointed to the 4th respondent School on 16.08.2005. The 5th respondent is an admitted senior in the very same school who occupied the post of H.S.A (Arabic). The issue revolves around the claim to the post of HSST when there was a higher secondary section granted to the 4th respondent School in the academic year 2010-2011. It is the admitted case of all parties that the Manager held a selection through a selection committee as provided under Rule 5 of Chapter XXXII of Kerala Education Rules 1959 (for brevity KER). The selection process was originally scheduled on 11.12.2011 and the same was adjourned to 18.12.2011.

(2.) There were three senior teachers who were entitled to the post of HSST in the school. They were the H.S.A (Arabic), H.S.A (English) and H.S.A (Maths), who were respectively the 5th respondent, one K.P. Reetha and one Simmi.K. Reetha and Simmi got appointed as HSST in their respective subjects. The 5th respondent is said to have not attended the interview held by the selection committee on 18.12.2011. The petitioner claims that, on the absence of the 5th respondent, the appointment ought to have been conceded to the petitioner, she being the next senior H.S.A in the subject of Malayalam. The appointment to the post of HSST (Malayalam)however, was granted to the 6th respondent who appeared for selection in the direct quota, prescribed as per Rule 4 Chapter XXXII of KER (1:3 ratio).

(3.) The 5th respondent contends that he ought to have been appointed, de hors any selection, since the method prescribed is one of ascertaining the suitability and not a comparative assessment of merit. The interview as such has absolutely no relevance; is the contention of the 5th respondent. Subsequently the appointment of the 5th respondent was made, to the post of HSST (Arabic) on the basis of the selection held on 30.06.2012 and it is already approved by the educational authority. Whether the same can be sustained is also a question to be considered in the above writ petition.