IMPORTANT POINT
Exemptions from K-TET qualifications are not indefinite; adherence to current regulations is mandatory for teacher appointments.

JUDGMENT :

AMIT RAWAL, J.

1. Present writ appeal is directed against the judgment dated 12/12/2022 rendered in Writ Petition No.11734 of 2021 seeking following relief:

“i) Issue a writ of certiorari or other appropriate writ or direction to call for the records relating to Exhibits-P16, P17 and P23 and quash the same;

ii) Issue a writ of mandamus or other appropriate writ or direction, compelling the respondents 2 and 4 to approve the appointment of petitioners from the date of their appointment evidenced by Exhibits-P1 to P4;

iii) Issue a writ of mandamus or other appropriate writ or direction, compelling the 4th respondent to initiate appropriate disciplinary action against the 2nd respondent for willfully flouting the Judgment of this Hon’ble Court evidenced by Exhibits-P9, P11 and P14, and taking away the vested right of petitioners behind their back;

iv) Award the cost of this Writ Petition from the 2nd respondent and her assets; and

v) Grant the Petitioners such other and further reliefs which this Hon’ble Court deems just and fit under the facts and circumstances of the case;”

Order dated 26.04.2021, appointing respondent No.1 to the post of Upper Primary School Assistant (hereinafter called ‘UPSA’, for short) without undertaking the test of KTET ( Kerala Teachers Eligibility Test), provided, to be undertaken compulsorily as per the provisions of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter called ‘Act No.35 of 2009’, for short) have been quashed with direction issued to the Assistant Educational Officer (A.E.O.), Palode to reconsider the matter strictly in terms of the judgment dated 25.05.2020 rendered in W.P.(C) No.25712 of 2016 and connected cases as clarified by the Single Bench in judgment dated 15.01.2021 in W.P.(C)No.3718 of 2017 and connected cases and series of other directions.

2. Before dealing with the rival contentions of the parties, it is expedient to refer facts in brief, the order dated 26.04.2021 issued by A.E.O., whereby respondent No.1 – Smt. Sreeja J.T. was ordered to be appointed as UPSA with effect from 01.09.2016 by giving exemption of K-TET qualification was quashed. Once the aforementioned order granting appointment to respondent No.1 and exempting her from acquiring KTET qualification had been quashed, the direction No.(d) extracted herein below, for all intends and purposes, in our considered view could not have been issued.

“d) The claim of St.Sreeja, as a 51A claimant and her entitlement for K-TET exemption in terms of the directions issued in para 31 of the Division Bench, having found in her favour, no further deliberation is warranted or required at the hands of the AEO.”

3. There was no question of declaring the claim of the respondent No.1. Portion of the order which has been quashed is also required to be extracted. The same reads as under:

“Ref:- 1) Interim Order of the Hon’ble High Court of Kerala in W.P.© 25712/2016, dated 20/12/2018.

2) This office order No. C/3515/2018/ K.Dis dated 27/12/2018.

3) Final Judgement of the Hon’ble High Court of Kerala in W.P.(C) 257122/2016 dated 25/05/2020.

4) Government Letter No.Al/186/2020/ G.Edn. dated 18/10/2020.

5) Final Judgement of the Hon’ble High Court of Kerala in W.P.(C). No. 3718/2017, WP(C). No. 41306/2018 and WP(C). No. 23811/2020, dated 15/01/2021

6) Order No. F1/38396/2013/G edn. of the Director General of Education Officer dated 16/03/2021

7) The Government Order No. 294/2012/Gedn dated 20/09/2012

Smt. Sreeja J.T., U.P.S.T. of K. V U.P.S. Pangode is given provisional appointment with effect from 04/06/2012 as per the interim order of the Hon’ble High Court of Kerala in the writ petition filed by her referred 1 above, vide Ref. 2nd cited above.

However, vide Ref (3). (4), and (5). Smt. Sreeja J.T has to be appointed on 01/09/2016 if vacancy is available as on 31/08/2016 or later when vacancy becomes available, subject to KTET qualification: it is ordered that the salary and attendant benefits which she