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M. A. ABDUL HAKHIM
Jayalekshmi K. M. – Appellant
Versus
State Of Kerala, Represented By Its Secretary, General Education-Higher Secondary Education, Secretariat – Respondent
1. Since the issues involved in these two writ petitions are one and the same, I consider both the writ petitions together treating W.P.(C)No.15643/2016 as the leading case. The parties are referred according to their status in W.P.(C)No.15643/2016.
2. The petitioner/Smt. Jayalekshmi K.M is an HSST(Junior) (Malayalam) Teacher appointed on 12.09.2011 under the Direct Recruitment Category in the school – Shanmugha Vilasom Higher Secondary School (SVHSS) Clappana, Kollam on sanctioning of a new Plus Two batch to the said school.
3. The Respondent No.6/Smt.S.Rani who is the petitioner in W.P. (C).No.18339/2016 had been working as LPSA in SVHSS and she claims appointment in the above HSST (Junior) (Malayalam) post under By-Transfer category on the ground that she is qualified for getting appointment as on the date of creation of the post.
4. The case of the Petitioner is that as per Ext.P1 Government Order dated 03.08.2011 a new Plus Two Batch was sanctioned to SVHSS along with sanctioning of new batches to other schools; that on account of the commencement of the said Batch during the academic year 2011-2012 the number of periods for Malayalam increased from 48 to 54 and in view of Ext.P
The relevant date for assessing the qualifications of the candidates is the date of creation of the post by the Government, and the prospective application of the post creation is illegal and unsusta....
The appointment of a teacher to an unsanctioned post is void; creation of posts follows governmental policy decisions based on financial constraints and student enrollment as mandated by statutory re....
The court affirmed that the appointment of the teacher in question is by transfer under educational rules, validating the procedure and dismissing claims of incompetence based on probation status.
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
Government cannot deny post creation or appointment approval based on financial reasons when statutory provisions necessitate such positions in educational institutions.
The court upheld the Government's policy requiring a selection process and a three-year waiting period for creating permanent teaching posts, denying the petitioner's claim for approval of her daily ....
Appointment procedures must adhere to regulations ensuring transparency and clarity to avoid disputes over seniority and qualifications.
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 t....
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
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