Teachers Above 50 Years Entitled To Test Exemption For Headmistress Promotion Under KER Rule 45B(4); Kerala HC
Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between...
Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between Rule 45B(4) applicable to primary/upper primary schools and Rule 44A(1) for high schools. The Court ordered promotion of the senior candidate who qualified for age-based test exemption over a junior candidate who had passed the test.
Background
Laila Beegam, appointed as a UPSA at M.M. Upper Primary School, Palakkad, in 1990, contested her non-promotion to the post of Headmistress when a vacancy arose on June 1, 2020. Despite being ranked higher in seniority than the 6th respondent, Varghese, the school promoted him instead. The school's decision was based on Varghese's complete qualification, whereas Beegam had failed to clear one paper of the Accounts Test (Lower). Beegam sought an exemption from this requirement under Rule 45B(4) of the KER, which exempts teachers over 50 from test qualifications. The management, however, rejected her claim based on a court ruling that allegedly required all candidates to pass the test regardless of age. She then filed this writ petition challenging the decision.
Arguments
Beegam's counsel, Mr. U. Balagangadharan, argued that Beegam's seniority entitled her to the promotion, citing that LWA taken during the 1990s should not affect her rank. He further claimed that Rule 45B(4) of the KER exempts her from the Accounts Test (Lower) because she turned 50 in 2016. Precedents from cases such as Nirmaladevi v. State of Kerala and Manager, H.M. High School v. State of Kerala were invoked to bolster his argument regarding seniority and test exemptions.
The 6th respondent's counsel, Mr. K.K. Appu, contended that Beegam was not entitled to the exemption under Rule 45B(4) due to a Full Bench decision in W.A. No. 755 of 2018, which allegedly denied such exemptions. He also argued that Beegam's LWA rendered her junior to Varghese in terms of service, making his promotion legitimate.
Court's Reasoning
The court first discussed the Government Circular No. 72/2005/Fin and the case of Nirmaladevi v. State of Kerala. It clarified that LWA taken after an individual has passed probation cannot be deducted when calculating seniority. Since the vacancy arose long after Beegam's leave had ended, the court determined that her seniority remained intact and that she was senior to the 6th respondent.
Secondly, the court focused on Beegam's claim for exemption from the Accounts Test (Lower). It examined Rule 45B(4) of the KER, which states that teachers who have crossed 50 years of age are permanently exempt from such qualifications. The court highlighted that the Full Bench decision in W.A. No. 755 of 2018 applied to Rule 44A(1) of the KER, which concerns high school appointments, while the current case concerned Rule 45B(4), which governs primary and upper primary schools. The ruling from W.A. No. 755 of 2018 did not negate Beegam's exemption under Rule 45B(4).
Further, the court referenced Manager, H.M. High School v. State of Kerala, which confirmed that teachers over 50 automatically receive exemptions from the test requirement. Since Beegam had crossed the age of 50 before the vacancy arose, she was eligible for promotion under this exemption. As Beegam was both senior to Varghese and exempt from the test, the court concluded that she was the rightful candidate for promotion to Headmistress. The court allowed the writ petition and Beegam was granted all consequential benefits of the promotion.
Citation: 2024 Live Law (Ker) 667
Case Title: Laila Beegam A.R. v. State of Kerala
Counsel for the Petitioner: Mr. U. Balagangadharan
Counsel for the Respondent: Mr. K.K. Appu, Senior Government Pleader, and Mr. Justin Jacob