2025:KER:27949 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 17764 OF 2024 PETITIONER: DAISON DAVIS A., AGED 34 YEARS, KIZHAKOODEN HOUSE, ATTORE, KUTTUR P.O., THRISSUR HST (SOCIAL SCIENCE), ALEEMUL ISLAM HSS, PADOOR, THRISSUR, PIN - 680013 BY ADVS. K.T.THOMAS NIKHIL BERNY RESPONDENTS: 1 GOVERNMENT OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR, PIN - 680123 3 THE HEAD MASTER, ALEEMUL ISLAM HIGHER SECONDARY SCHOOL, PADOOR, THRISSUR, PIN - 680524 4 THE MANAGER, ALEEMUL ISLAM HIGHER SECONDARY SCHOOL, PADOOR, THRISSUR, PIN - 680524 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 2 : 5 VINCY VINCENT, HST (SS), ALEEMUL ISLAM HIGHER SECONDARY SCHOOL, PADOOR, THRISSUR, PIN - 680524 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212)(K/000726/1987) PRATAP ABRAHAM VARGHESE(K/000235/2005) MANOJKUMAR G.(K/1202/2024) ASHOK MENON(K/1712/2024) PREMCHAND R NAIR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH WP(C).31673/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 3 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 31673 OF 2024 PETITIONER: VINCY VINCENT T., AGED 32 YEARS, W/O FEMIJ, PUTHOOR HOUSE, THAMARAYOOR P O, KAVEED, THRISSUR, PIN - 680505 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) PRATAP ABRAHAM VARGHESE MANOJKUMAR G. ASHOK MENON RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 4 : 3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 4 DISTRICT EDUCATION OFFICER, CHAVAKKAD, MINI CIVIL STATION, CHAVAKKAD, THRISSUR, PIN - 680506 5 THE MANAGER, ALEEMUL ISLAM HIGHER SECONDARY SCHOOL, PADOOR, THRISSUR, PIN - 680524 BY ADV. SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH WP(C).17764/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 5 : JUDGMENT Dated this the 1st day of April, 2025 [W.P.(C) Nos.17764 and 31673 of 2024] The petitioner in W.P.(C) No.17764 of 2024 states that the petitioner was appointed as High School Teacher (Social Science) in Aleemul Islam Higher Secondary School, Padoor with effect from 01.06.2016 in a retirement vacancy. The proposal for approval was rejected by the District Educational Officer, Chavakkad, Deputy Director of Education, Thrissur and Director of General Education, Thiruvananthapuram. 2. Later, the petitioner was not permitted to sign the attendance register with effect from 09.08.2017 and another Teacher, Smt.Basima V.M., HST (Arabic) who was on Leave 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 6 : Without Allowance (LWA) was allowed to rejoin duty with effect from 10.08.2017 in the post of HST (SS) occupied by the petitioner. The Manager undertook before the Educational Authorities that the petitioner was relieved on 09.08.2017 to accommodate Smt.Basima V.M., HST (Arabic) and will be appointed in the next arising HST/HSST vacancy in the School. Later, a vacancy of HST (SS) arose in the School consequent to retirement of Smt.Philomina on 31.03.2019, but the Manager appointed Smt.Vincy Vincent in the said vacancy with effect from 06.06.2019. 3. Aggrieved by the illegal act and denial of appointment, the petitioner filed representations before the Government and the Government passed Ext.P4 order declining the claim of the petitioner and directing to approve the appointment of the 5th respondent with effect from 06.06.2019, contends the petitioner. 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 7 : 4. The petitioner has therefore filed this writ petition seeking to quash Ext.P4 and to direct the 4th respondent to appoint the petitioner as HST(SS) with effect from 06.06.2019 in the retirement vacancy of Smt.Philomina in Aleemul Islam Higher Secondary School, Padoor. 5. W.P.(C) No.31673 of 2024 has been filed by the 5th respondent in W.P.(C) No.17764 of 2024, who was appointed against the vacancy which arose on 06.06.2019. The 5th respondent would submit that the 5th respondent has a superior claim over the petitioner in respect of the vacancy arose on 06.06.2019. 6. Be that as it may, the Government has passed Ext.P4 order dated 09.04.2024 pursuant to the judgment of this Court in W.P.(C) No.7675 of 2023 wherein directions were given to confirm the 5th respondent in the vacancy which arose on 06.06.2019 and to consider the case of the petitioner for 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 8 : permanent appointment when a vacancy arises. The petitioner's grievance is that though a vacancy of HST is existing in the School since 2018, the claim of the petitioner has not been considered inspite of Ext.P4 order. 7. As the petitioner is now staking a claim over the vacancy which arose on 06.06.2019, I am of the view that W.P.(C) No.17764 of 2024 can be disposed of with appropriate directions. 8. W.P.(C) No.17764 of 2024 is therefore disposed of directing respondents 2 and 4 to pass orders taking into consideration the existence of the vacancy and pass appropriate orders consequent to Ext.P4. This will be subject to any claims of PwD candidates, if exist. Orders shall be passed within a period of three months after granting opportunity of hearing to the petitioner. 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 9 : 9. In view of the judgment delivered in W.P.(C) No.17764 of 2024, the writ petition (W.P.(C) No.31673 of 2024) filed by the 5th respondent seeking to direct the 4th respondent to approve her appointment as HST(SS) with effect from 06.06.2019 can be considered by the authorities in accordance with law. W.P.(C) No.31673 of 2024 is therefore disposed of directing the 4th respondent to consider the issue of approval of the 5th respondent's (the petitioner in the writ petition) appointment and pass appropriate orders thereon within a period of six weeks. Sd/- N. NAGARESH JUDGE SR 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 10 : APPENDIX OF WP(C) 17764/2024 PETITIONER'S EXHIBITS: Exhibit-P1 TRUE COPY OF THE ORDER DATED 01.06.2016 ISSUED BY 4TH RESPONDENT Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED 28.01.2023 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 07.03.2023 IN W.P (C) NO.7675/2023 Exhibit-P4 TRUE COPY OF THE ORDER DATED 09.04.2024 PASSED BY 1ST RESPONDENT Exhibit-P5 TRUE COPY OF THE ORDER G.O (MS) NO.275/99/G.EDN. DATED 09.11.1999 ISSUED BY 1ST RESPONDENT. 2025:KER:27949 W.P.(C) Nos.17764 & 31673/2024 : 11 : APPENDIX OF WP(C) 31673/2024 PETITIONER'S EXHIBITS: Exhibit P-1 TRUE COPY OF APPOINTMENT ORDER DATED 06-06-2019 ISSUED BY SHRI B V MOHAMMED RAPHY THANGAL, THE THEN MANAGER OF THE SCHOOL Exhibit P-2 TRUE COPY OF ORDER NO.B3/13036/2019 DATED 30-12-2019 ISSUED BY THE 4TH RESPONDENT Exhibit P-3 TRUE COPY OF ORDER NO. B4/211713/2020 OF THE 3RD RESPONDENT DATED 17/09/2020 Exhibit P-4 TRUE COPY OF ORDER NO.FC5/234607/2021 DATED 29-10-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P-5 TRUE COPY OF ORDER DATED 19-11-2021 OF THIS HON’BLE COURT IN WA NO. 1452/2021 Exhibit P-6 TRUE COPY OF ORDER NO. B3/6962/2021/D.DIS DATED 10-12-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P-7 TRUE COPY OF GO (RT) NO.2608/2024/GEDN DATED 09-04-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P-8 TRUE COPY OF LETTER NO.B3/52990/2023 DATED 13-08-2024 FROM THE 4TH RESPONDENT TO THE 5TH RESPONDENT Exhibit P-9 TRUE COPY OF LETTER DATED 21-08-2024 FROM THE PETITIONER TO THE 4TH RESPONDENT.