JUDGMENT

Dated this the 23 rd day of July, 2021 This writ petition is filed seeking the following reliefs :-

“i) Issue a writ of certiorari or any other appropriate writ or direction orders calling for the records leading to Exhibit P10 and quash the same.

ii) Issue a writ of Mandamus or any other appropriate writ or direction orders directing the 4th respondent to appoint the petitioner as Headmistress in-charge of the Sree Krishna Higher Secondary School, Guruvayur.

iii) Declare that Exhibit P10 is against the directions of this Hon'ble Court in Exhibit P9 and hence it is vitiated.

iv) Declare that the amendment brought to Rule 44A of Chapter

14A of the KER through Exhibit P12 is illegal and is against the provisions and object of the Kerala Education Act and Rules.”

2. Heard Sri.Sajeev Kumar K. Gopal, the learned counsel for the petitioner, Smt.Nisha Bose, the learned Senior Government Pleader, Sri.T.K.Vipindas, the learned counsel for the 4th respondent and Sri.R.K.Muraleedharan, the learned counsel for the

5th respondent.

3. It is contended that the petitioner is the senior most HSA available under the 4th respondent. She was given the charge of Headmistress on 8.7.2020. The Headmistress of the school was promoted to the post of Principal of the Higher Secondary School and in the said vacancy, the petitioner was put in charge by Ext.P1 order. The approval for appointment of Smt.Latha T. M. as Principal was rejected by Ext.P3 order dated 7.8.2020. Smt.Latha T. M. was directed to handover charge of Principal of the Higher Secondary School to Smt.Jayasree M. and to assume charge as Headmistress in the school. The petitioner was required to handover charge to Smt.Latha T. M. The said order was challenged by Smt.Latha T. M. in W.P.(C) No.17014/2020 and Ext.P4 order came to be passed by this Court. The operative portion of Ext.P4 reads as follows :-

“.......... Hence I direct the 4th respondent to maintain status quo as on the date of Ext.P4 i.e. 21.7.2020, permitting the petitioner to work as Principal till a decision is taken on Ext.P5 revision petition by the 1st respondent.”

It is submitted that Smt.Latha T. M. continued as Principal in the Higher Secondary School. However, though a request was made to retain the petitioner as Headmistress of the school, that was not considered. It is contended that the petitioner has crossed the age of 50 years and is entitled for exemption from acquiring the departmental test qualifications. The petitioner, therefore, preferred Ext.P6 request for promotion to the post of Headmistress. The petitioner had applied for appearing in the departmental test to be held in January, 2020 as early as on 22.12.2019, but the examination was cancelled by the Public Service Commission. Thereafter also, the petitioner submitted application for appearing for the examination and appeared in the examination, the last paper of which was held on 30.11.2020. It is contended that the result of the examination has also now been declared and the petitioner has acquired the test qualification. It is submitted that the petitioner could not clear the departmental test in time only due to the fact that the test was not conducted because of the Covid-19 pandemic and that the said fact cannot be held against her.

4. The 5th respondent had, in the meanwhile, approached this Court by filing W.P.(C) No.18401/2020 seeking promotion as Headmaster without making the petitioner a party to the writ petition. This Court, by Ext.P8 judgment, directed the Manager to handover charge of Headmaster to the 5th respondent pending the outcome of the revision petition. The petitioner on coming to know of the fact, filed W.A.No.1308/2020 which was disposed of by Ext.P9 judgment. It is contended that the Division Bench has held that when an order of status quo was passed in favour of Smt.Latha T. M., which resulted in her not being reverted to the post of Headmistress, the normal procedure should have been that the petitioner continues to be Headmi