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2016 Supreme(Ker) 1315

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.T. RAVIKUMAR, ANIL K.NARENDRAN, JJ.
Sonia Alex, w/o. Stanley - Appellant
Versus
State Of Kerala Represented By the Principal Secretary to Government - Respondent
O.P.(KAT) Nos.111 of 2014 & 95 of 2015
Decided On : 03-03-2017

Advocates Appeared:
For the Appellant : Sri.P.T.Dinesh, Sri.C.N.Sameer
For the Respondent: Sri N. Manoj Kumar, Sri.P.C.Sasidharan.

Headnote:Constitution of India, Art.226 - Matters connecting to formation and elimination of posts, recommending source/mode of employment and experiences, criteria of selection etc., fall within the select area of employer and it is not for the Court to sit over those decisions like a court of appeal.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. O.P.(KAT)Nos.111 of 2014 and 95 of 2015 arise out of O.A.(EKM) No.44 of 2014 and O.A.No.448 of 2013 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench.

2. Since common issues are involved, these Original Petitions are heard together and disposed of by this common judgment. For convenience, we shall refer facts as contained in O.P.(KAT)No.111 of 2014 arising out of O.A.(EKM)No.44 of 2014.

3. The petitioners in these Original Petitions, who are the applicants before the Tribunal, are aspirants for the post of Higher Secondary School Teacher in Sociology under the Kerala Higher Secondary Education State Service Rules, 2001 and Higher Secondary School Teacher (Junior) in Sociology under the Kerala Higher Secondary Education Subordinate Service Rules, 2001. They have approached the Tribunal in the said O.As. seeking similar reliefs. The reliefs sought for in O.A.(EKM)No.44 of 2014 read thus;

“(i) To declare that Rule 5 of the Kerala Higher Secondary Education State Service Rules, 2001 issued as per G.O.(P) No.144/2001/G.Edn. dated 16.4.2001 to the extent it provides qualification for the post of Higher Secondary School Teacher (Category II) for the subject of Sociology is ultra vires, unconstitutional, inoperative, void and non est as it violates Articles 14 and 16 of the Constitution of India.

(ii) To declare that Rule 5 of the Kerala Higher Secondary Education Subordinate Service Rules, 2001 issued as per G.O. (P)No.144/2001/G.Edn. dated 16.4.2001 to the extent it provides the qualification for the post of Higher Secondary School Teacher (Junior) (Category I) for the subject Sociology is ultra vires, unconstitutional, inoperative, void and non est as it violates Articles 14 and 16 of the Constitution of India.

(iii) To quash Annexure A4 series and similar orders passed by the 3rd respondent Kerala Public Service Commission to the applicants.

(iv) To direct the 3rd respondent Kerala Public Service Commission to include the applicants in Annexures A5 and A6 ranked lists based on the marks obtained by them in the selection process, without adversely affecting their seniority.

(v) Direct the 1st respondent to reconsider the eligibility criteria for the post of Higher Secondary School Teacher in Sociology in the Kerala Higher Secondary Education State Service Rules, 2001 and further direct to reconsider the eligibility criteria for the post of Higher Secondary School Teacher (Junior) in Sociology in the Kerala Higher Secondary Education Subordinate Service Rules, 2001 within a time limit prescribed by this Hon'ble Tribunal after affording an opportunity of hearing to the applicants.”

4. The Tribunal by Ext.P1 order dated 14.2.2014 dismissed O.A. (EKM)No.44 of 2014 holding that, no grounds have been made out warranting interference with Rule 5 of the Kerala Higher Secondary Education State Service Rules, 2001 or Rule 5 of the Kerala Higher Secondary Education Subordinate Service Rules, 2001. As such, there is nothing wrong in Annexure A4 series of orders. Accordingly, the Tribunal dismissed O.A.(EKM)No.44 of 2014 by Ext.P1 order dated 14.2.2014 produced along with O.P.(KAT)No.111 of 2014. Based on the said order, the Tribunal dismissed O.A.No.448 of 2014 by Ext.P1 order dated 26.2.2014 produced along with O.P.(KAT)No.95 of 2015. Feeling aggrieved by the said orders of the Tribunal, the petitioners/applicants are before this Court in these Original Petitions filed under Articles 226 and 227 of the Constitution of India.

5. Heard arguments of learned counsel for the petitioners/ applicants, learned Special Government Pleader for the 1st and 2nd respondents and also the learned Standing Counsel for the 3rd respondent Kerala Public Service Commission.

6. The applicants are aspirants for the post Higher Secondary School Teacher in Sociology (for brevity, 'HSST in Sociology') under the Ker












































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