Prajida Kumari K. v. State of Kerala

May 13, 2025

2025 KER 32651
High Court of Kerala at Ernakulam
Coram: Justice N. Nagaresh
Case Number: W.P.(C) Nos. 42955/2024 & 2500/2025; May 13, 2025
Case: Prajida Kumari K. v. State of Kerala & Others; Anoop A.K. & Others v. State of Kerala & Others

Kerala Education Rules (KER), Chapter XIVA, Rule 51A – Preferential Claim for Appointment – Scope and Applicability.

Petitioner in W.P.(C) No. 42955/2024 claimed preferential appointment under Rule 51A based on prior service as UPSA, terminated in 2009, and sought to enforce claim despite subsequent permanent employment in the Registration Department – Petitioners in W.P.(C) No. 2500/2025 sought approval of their appointments as UPSA/LPSA, rejected due to the Rule 51A claim of the 5th respondent .

Table of Contents

Held

Rule 51A grants preferential appointment rights to qualified teachers relieved due to vacancy termination, but such rights cease upon accepting permanent employment outside the educational agency, including in government service – The 5th respondent’s permanent employment in the Registration Department extinguished her Rule 51A claim – Government’s order in Ext.P9, holding that the claim cannot be applied retrospectively and directing accommodation in future vacancies, upheld – W.P.(C) No. 42955/2024 dismissed – W.P.(C) No. 2500/2025 allowed, directing the Assistant Educational Officer to approve petitioners’ appointments within one month, subject to eligibility.

Advocates: Petitioner: Meena A., Vinod Ravindranath, R.K. Muraleedharan, Athira A. Menon, Harisankar K.V.; Respondents: K.P. Sudheer, Smt. Arundhati Nair Sri V. Venugopal, Senior Government Pleader

Facts

W.P.(C) No. 42955/2024: Prajida Kumari K. (5th respondent in W.P.(C) No. 2500/2025) was appointed as Upper Primary School Teacher (UPST) at Vennacode AUP School on January 15, 2004, with approval from January 15, 2004, to July 14, 2005. She continued until December 2009 and claimed preferential appointment under Rule 51A, Chapter XIVA, Kerala Education Rules (KER), for future vacancies. In 2021, she joined the Registration Department in a permanent government position.
W.P.(C) No. 2500/2025: Petitioners Anoop A.K., Amala George, Saranya S. Sankar, Dhanya V., and Soumya G.S. were appointed as UPSTs and LPST (Lower Primary School Teacher) at the same school in July-August 2021. Their appointments were rejected by the Assistant Educational Officer (AEO) due to Prajida’s Rule 51A claim.
The AEO and District Educational Officer (DEO) rejected the petitioners’ appointments, citing Prajida’s pending Rule 51A claim. The Manager’s appeal was dismissed by the DEO on February 22, 2022. However, the Government, in its revisional order (Ext.P9) dated November 20, 2024, held that Prajida’s government employment from July 9, 2021, barred her retrospective Rule 51A claim. It directed the Manager to offer her the next vacancy and the AEO to approve the petitioners’ appointments if eligible.
Prajida challenged Ext.P9, arguing that Rule 51A rights persist unless appointed as a teacher in another educational agency. The petitioners sought approval of their appointments, alleging Prajida refused an offered vacancy and was bargaining.

Issues

Whether Prajida’s permanent employment in the Registration Department extinguished her Rule 51A preferential claim for appointment in the school.
Whether the AEO was obligated to approve the petitioners’ appointments as UPSTs and LPST, given the Government’s revisional order and Prajida’s employment status.

Holding & Reasoning

Rule 51A Interpretation: Rule 51A grants preferential appointment rights to qualified teachers relieved due to vacancy termination, applicable to future vacancies in the same or different categories under the same educational agency, unless they secure permanent teaching posts in another educational agency. The court held that the rule’s intent is to protect teachers’ employment security. Accepting any permanent employment, including non-teaching government service, extinguishes the Rule 51A claim, as it indicates the teacher no longer relies on teaching for livelihood.
Application to Prajida: Prajida’s permanent employment in the Registration Department from July 9, 2021, was deemed to end her Rule 51A claim. The Government’s Ext.P9 order, denying retrospective application of her claim and directing accommodation in future vacancies only after resigning from government service, was upheld as consistent with Rule 51A’s language and purpose.
Petitioners’ Appointments: The court found the AEO’s rejection of the petitioners’ appointments, based on Prajida’s claim, unsustainable given her loss of Rule 51A rights. The Government’s directive to approve the petitioners’ appointments, if otherwise eligible, was lawful. The court noted Prajida’s refusal of a Head Teacher vacancy offered on December 5, 2024, but did not delve into her motives, as her Rule 51A claim was invalid.

Disposition

W.P.(C) No. 42955/2024: Dismissed. Prajida’s challenge to Ext.P9 failed, as her government employment nullified her Rule 51A claim.
W.P.(C) No. 2500/2025: Allowed. The AEO was directed to approve the petitioners’ appointments within one month, subject to their eligibility.

Key Legal Principle

Under Rule 51A, Chapter XIVA, KER, a teacher’s preferential claim for reappointment ceases upon accepting any permanent employment, including non-teaching government service, as the rule aims to secure employment for teachers without alternative livelihoods.

Appointment Approval, Assistant Educational Officer, Educational Agency, Government Service, Kerala Education Rules, Kerala High Court, LPSA, Permanent Employment, Preferential Appointment, Registration Department, Rule 51A, Teacher Employment, UPSA, Vacancy Termination, Writ Petition

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