Point of Law: Merely highlighting the manner in which the statutory rules and the discriminating consequences which may arise if the same is wrongly construed. Under no circumstances can her claim be rejected on the ground that she had participated in the selection process.

JUDGMENT :

Bishop Hodges Higher Secondary School, Mavelikkara, is an aided school managed by the Corporate Manager, CMS schools, and is governed by the provisions of the Kerala Education Act, 1959 and the Rules framed there under. These writ petitions have been filed by two claimants vying for the post of HSST (Zoology) under the 5th respondent management.

2. A thumbnail sketch of the facts are as under:

(a) On 1.6.2018, a vacancy to the post of HSST (Zoology) occurred in the school. Smt. Susan George, the petitioner in W.P.(C) No.2548 of 2021, was working as HSA (Natural Science) in B.I.G.H.S, Pallom, an aided school under the management of the Corporate Manager. She asserts that she is fully eligible to be appointed as HSST (Zoology) as per the provisions of Chapter XXXII of the KER as she is the senior-most HSA qualified to be appointed as HSST (Zoology) in the school.

(b) However, the Manager, published a public notice calling for appointments after constituting a selection committee that included a Government nominee and Smt. Tigi Christy Thomas, the petitioner in W.P(C) No.7009 of 2021 was selected. In the HSST (Jr.) post, which occurred due to the promotion of Smt. Elizabeth Mathew, Smt. Stephy Stephen, the 7th respondent in W.P.(C) No.2548 of 2021 was appointed.

(c) Smt. Susan George, on coming to know that Smt. Tigi and Smt. Stephy had been appointed and the proposal for approval had been forwarded to the Regional Deputy Director (RDD) submitted a representation contending that she was entitled to be appointed to the post ‘by transfer’.

(d) Pursuant to the directions issued by this Court in W.P.(C) No.17533 of 2019 the RDD, Chengannur, considered the matter and by order dated 20.9.2019 (Ext.P4 in W.P.(C) No.2548 of 2021) took the view that Smt. Susan George is liable to be appointed under the by-transfer category and the Manager has illegally denied her right. The same view was taken by the RDD, HSE, Kottayam while issuing Ext.P4(a) order produced in W.P.(C) No.2548 of 2021. Contending that the Manager was delaying the implementation of the orders passed by the RDD, Smt. Susan George submitted a representation before the Director General of Higher Secondary Education (DGE) and by Ext.P5 order dated 25.11.2019, produced in W.P.(C) No.2548 of 2021, the DGE issued directions to the Manager to implement the same. Being aggrieved, the Manager preferred a revision petition before the Government. The Government after considering the entire aspects issued G.O.No.3352/2020/Gen.ED. dated 18.12.2020, finding that the 5th respondent has not maintained a proper seniority list of teachers under the Educational Agency and that Smt.Susan George is the seniormost HSA. Directions were issued to the lower authorities to prepare the seniority list of teachers under the 5th respondent and to take a decision on the by-transfer appointment of Smt.Susan George as HSST (Zoology).

3. It is in the above backdrop that these writ petitions have been preferred.

4. Smt.Susan George has approached this Court and has filed W.P.(C) No.2548 of 2021 seeking implementation of directions issued by the Government.

5. Smt. Tigi Christy Thomas has preferred W.P.(C) No.7009 of 2021 challenging Ext.P8 order issued by the RDD and Ext.P10 order issued by the Government to the extent of issuing directions to appoint Smt. Susan George to the post of HSST (Zoology) and also for a declaration that the 6th respondent is estopped from raising the claim for appointment as she has participated in the selection process.

6. As common issues are involved, both the writ petitions are taken up and disposed of by a common judgment. Description of parties and exhibits shall be as detailed in W.P.(C) No.2548 of 2021 unless otherwise stated.

7. In the counter affidavit filed by the Manager, it is stated that Smt. Susan George is the senior-most fully qualified HSA under the management