SINDHU S.WARRIER Vs. SREEDHANIA

JUDGEMENT

(1.) The additional 4th respondent in W.P.(C)No.7178 of 2019 filed this writ appeal under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment dtd. 16/7/2025 passed by the learned Single Judge in that writ petition.

(2.) By Ext.P1 order dtd. 1/6/2016, the 1st respondentwrit petitioner was appointed as U.P.S.A., in the school managed by the 4th respondent, with effect from the date of that order. Approval to that appointment was not given by the Educational Department due to the pendency of the writ petitions pertaining to the appointment of protected teachers in the ratio 1:1, before this Court. On 10/7/2018, 3 posts of H.S.A, such as H.S.A (Social Science), H.S.A (Physical Science) and H.S.A (English) were also sanctioned to the School, vide Ext.P8 staff fixation order. The 1st respondent contends that as on the date of occurrence of the vacancy of H.S.A (Social Science), i.e., on 10/7/2018, she was the only U.P.S.A., qualified to be promoted and appointed as H.S.A (Social Science). She had the K.TET qualification and also all other qualifications for getting promotion as H.S.A. She therefore claimed that she was an eligible claimant under Rule 43 of Chapter XIV-A of Kerala Education Rules, 1959, ('KER' in short). The 1st respondent submitted Ext.P9 representation dtd. 21/6/2018 to the Manager for getting promotion as H.S.A (Social Science). Since the 4th respondent Manager, did not give a positive response, the 1st respondent submitted Ext.P11 representation dtd. 10/1/2019 to the 3rd respondent District Educational Officer. Thereafter, the 1st respondent approached this Court with the writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents therein to fill up the vacancy of H.S.A (Social Science) sanctioned as per Ext.P8 staff fixation order dtd. 10/7/2018, by promoting the 1st respondent forthwith and to issue a writ of mandamus restraining the District Educational Officer from approving the appointment of H.S.A (Social Science), if any person, other than the 1st respondent is appointed by the Manager.

(3.) During the pendency of the writ petition, the Manager appointed the appellant-additional 4th respondent as H.S.A (Social Science) and hence the 1st respondent impleaded her as an additional respondent in the writ petition.