Kerala High Court
Abdul Shukkoor K. S vs State Of Kerala on 27 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:6740
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 2940 OF 2026
PETITIONER:
ABDUL SHUKKOOR K.S.,
AGED 47 YEARS,
S/O. SAITHALAVI, [HST (ARABIC),
PULIYAPARAMB HIGHER SECONDARY SCHOOL]
RESIDING AT KALATHIL HOUSE,
KINAVALLOOR POST, PARALI,
PALAKKAD DISTRICT, PIN - 678612
BY ADVS.
SHRI.POOVAMULLE PARAMBIL ABDULKAREEM
SRI.K.N.KUMARASWAMY SARMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD,
PIN - 678001
2026:KER:6740
W.P.(C) No.2940/2026
:2:
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
PALAKKAD,
PALAKKAD DISTRICT, PIN - 678001
5 MANAGER,
PULIYAPARAMB HIGHER SECONDARY SCHOOL,
KODUNTHIRAPULLY P.O,
PALAKKAD DISTRICT, PIN - 678004
BY ADV.
SRI.V.VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:6740
W.P.(C) No.2940/2026
:3:
JUDGMENT
Dated this the 27th day of January, 2026 The petitioner states that he has been working as HST (Arabic) in Puliyaparamb Higher Secondary School, Kodunthirapully, from 04.06.2008 onwards. Though his appointment was initially rejected on the ground that the Manager had not appointed protected Teacher in the School as it is a newly opened, the same was approved with effect from 01.06.2011 onwards under Teachers' Package. The 5th respondent had appointed a Protected Teacher in the School.
2. Therefore, the obligation on the part of the 5 th respondent to appoint a Protected Teacher as per rules contemplated in KER has been discharged and the petitioner is entitled to get approval for his appointment from the date of his 2026:KER:6740 W.P.(C) No.2940/2026 :4: appointment itself, especially as there was no list of Protected Teachers forwarded by the Department at the time of appointment of the petitioner. The issue is squarely covered by the decision of this Court in Nadeera v. State of Kerala [2011 (3) KLT 790], contends the petitioner.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents1 to 4.
4. The limited prayer of the petitioner, who is working as HST (Arabic) is to direct the 1st respondent to consider and pass appropriate orders on Ext.P5 Revision Petition after adverting to the decision in Nadeera v. State of Kerala (supra).
5. As Ext.P5 is a statutory revision, it would be only just and proper that the competent revisional authority consider the same and pass appropriate orders thereon in 2026:KER:6740 W.P.(C) No.2940/2026 :5: accordance with law.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P5 Revision Petition and pass appropriate orders thereon, adverting to the decision in Nadeera v. State of Kerala (supra), within a period of three months after giving opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH JUDGE SR 2026:KER:6740 W.P.(C) No.2940/2026 :6: APPENDIX OF WP(C) NO. 2940 OF 2026 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 04/06/2008 ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER NO. D DIS.
B1/3424/09 DATED 07/12/2009 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE PHOTO COPY OF THE CLARIFICATION LETTER NO.60930/J2/11/G.EDN. DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 17/09/2012 IN WP(C)NO. 37962/2010 ISSUED BY THIS HON'BLE COURT. Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 05/01/2026 SUBMITTED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 20/02/2025 IN WP(C)NO. 6766/2025 ISSUED BY THIS HON'BLE COURT.