Valsala Kumari Devi M vs Director, Higher Secondary Education & ...

3) The brief facts, in nutshell, are as follows:

However, the remaining 75% vacancies earmarked for direct recruitment in the Aided Higher Secondary Schools will be done by the Management by a Staff Selection Committee. According to the appellant, in the case of appointment by promotion of the teachers from the General Education Subordinate Service as HSST, the Staff Selection Committee does not have any role and the same shall be made based on seniority of HSAs who possess the prescribed qualification for appointment as HSST.

6) It is the grievance of the appellant that the 4th respondent the Manager, overlooking the seniority and eligibility of the appellant, appointed 5th respondent as HSST (Humanities). Challenging the same, the appellant filed O.P. No. 22902 of 2000 before the High Court of Kerala which was disposed of by order dated 10.8.2000 directing the Director, Higher Secondary Education, Thiruvanthapuram, Kerala (respondent No.1 herein), to consider and pass order on the representation made by the appellant within a period of two months. Pursuant to the said direction, she was called upon to appear for an interview fixed for 30.03.2001. The appellant appeared for the interview and produced all the original certificates to prove her qualifications and eligibility. However, she was informed by letter dated 05.04.2001 of the Manager, B.A.R. High School, Bovikanan (respondent No.4) that she was not selected for the post of HSST (History). Aggrieved by her non-selection for promotion as HSST, the appellant filed O.P. No. 13710 of 2001 which was disposed of by order dated 26.02.2003 directing the Director, B.A.R. High School, Bovikanan, to consider the grievance of the appellant after affording her an opportunity of being heard. Pursuant to the said direction, the appellant submitted a fresh representation and finally the earlier order was once again reiterated upholding the appointment of the 5th respondent. The said order was challenged by the appellant by filing W.P. (C) No. 21069 of 2003. The said writ petition was finally heard along with W.P. (C) No. 15674 of 2004 filed by the 5th respondent seeking for approval of his appointment and payment of salary. The above said writ petitions were jointly heard and W.P. (C) No. 21069 of 2003 was dismissed by judgment dated 22.6.2004 and Writ Petition (C) No. 15674 of 2004 was disposed of by directing the concerned respondents to approve the appointment of 5th respondent and to disburse his salary within two months from the date of production of a copy of the judgment. Being aggrieved by the above judgment, the appellant preferred an appeal before the Division Bench of the High Court of Kerala in W.A. No. 1265 of 2004 on various grounds. By the impugned order dated 12.07.2004, the Division Bench after finding that the selection shall be made based on seniority and suitability upheld the decision of the Selection Committee selecting the 5th respondent confirmed the order of the learned single Judge and dismissed the writ appeal filed by the appellant. Questioning these orders, the present appeal has been preferred before this Court.

In view of the fact that all the issues referred to above are interconnected, they are being considered and disposed of by the following judgment:

9) The Government Order dated 13.5.1998 makes it clear that 25% of vacancies in the post of HSST in the Government Higher Secondary Schools and Aided Higher Secondary Schools will be reserved for appointment from qualified High School Assistants and Primary School Teachers. It also prescribes that the remaining 75% vacancies earmarked for direct recruitment in the Aided Higher Secondary Schools will be done by the Management and the selection of candidates for direct recruitment in Aided Higher Secondary Schools will be done by a Staff Selection Committee.

14) Under these circumstances, we allow the appeal and set aside the order dated 22.6.2004 passed by the learned single Judge of the High Court in W.P.(C) Nos. 21069/2003 and 15674 of 2004 as well as the order dated 12.7.2004 passed by the Division Bench of the High Court in W.A. No. 1265 of 2004 confirming the selection of the 5th respondent as HSST. As a result of the above conclusion, we direct the authorities to issue appropriate order in favour of the appellant within a period of four weeks from the date of receipt of this judgment. No order as to costs.