Kerala High Court
Sidhik.K ( The Manager) vs The State Of Kerala on 16 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:13826
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
WP(C) NO. 5807 OF 2026
PETITIONERS:
1 SIDHIK K. (THE MANAGER)
AGED 52 YEARS
AKM HS, KUDAVOOR,
NJARAYILKONAM, THIRUVANANTHAPURAM
(RESIDING AT NISSA MANZIL, PEROOR. P.O
THALAVILAMUKKU, THIRUVANANTHAPURAM-695 601),
PIN - 695602
2 FAISY S. (THE HEADMASTER,)
AGED 43 YEARS
AKM HS, KUDAVOOR,
NJARAYILKONAM, THIRUVANANTHAPURAM
(RESIDING AT FAISY NIVAS, THOLIKUZHY,
ADAYAMON PO, THIRUVANANTHAPURAM -695 614),
PIN - 695602
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEXE - II,
THIRUVANANTHAPURAM, PIN - 695001
2026:KER:13826
WP(C) No.5807 of 2026
2
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
PADMAVILASOM ROAD, FORT P.O,
THIRUVANANTHAPURAM, PIN - 695023
4 THE DISTRICT EDUCATIONAL OFFICER,
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
5 SMT.JASEENA I,
HSA(MALAYALAM), AKM HS, KUDAVOOR,
NJARAYILKONAM, THIRUVANANTHAPURAM, PIN - 695602
6 SMT.SINDHU S PILLAI,
HSA(HINDI), AKM HS, KUDAVOOR, NJARAYILKONAM,
THIRUVANANTHAPURAM, PIN - 695602
7 SMT.BINDU A,
HSA(MALAYALAM), AKM HS, KUDAVOOR,
NJARAYILKONAM, THIRUVANANTHAPURAM, PIN - 695602
BY ADV.
SMT.V.A. HARITHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.5807 of 2026
3
JUDGMENT
Dated this the 16th day of February, 2026 The 1st petitioner is the Manager of AKM High School, Kudavoor, a Minority Educational Institution. The 2 nd petitioner was appointed as Headmaster with effect from 02.06.2025 against a regular vacancy arising on the retirement of the incumbent Headmistress. The appointment was made by the Management after a comparative assessment of eligible candidates, taking into account merit, qualifications and administrative suitability.
2. Approval to the appointment was declined by the District Educational Officer solely on the ground that seniority was not followed, ignoring the settled legal position that a Minority Management has the right to choose any qualified person as Head of the Institution without being bound by seniority or the requirement of obtaining relinquishment from seniors. The 2 nd petitioner is fully qualified 2026:KER:13826 WP(C) No.5807 of 2026 4 for the post.
3. The impugned orders are contrary to binding precedents of this Court and the Hon'ble Apex Court. Statutory remedies are pending before the competent authorities. Any delay in granting approval to the appointment would cause serious prejudice to the effective administration of the School, contend the petitioners.
4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing respondents 1 to 4.
5. The petitioners would submit that the 1st petitioner's School is a duly declared Minority Educational Institution and the statutory provisions relating to seniority under the Kerala Education Rules cannot be mechanically enforced so as to dilute the constitutional protection available to the management in the matter of appointment of Headmasters. Therefore, the petitioners seek to declare that the 2nd petitioner is entitled to get approval to his promotion as 2026:KER:13826 WP(C) No.5807 of 2026 5 Headmaster as per Exts.P2 and P2(a).
6. Be that as it may, I find that in this regard, the 2nd petitioner has filed Ext.P9 Revision Appeal before the 2nd respondent invoking the provisions of the Kerala Education Rules, 1959.
7. In the facts of the case, it would be only just and proper that the 2nd respondent considers Ext.P9 Revision Appeal and takes appropriate decision within a reasonable time.
The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P9 and pass appropriate orders within a period of three months after giving opportunity of hearing to the petitioners and the Manager.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:13826 WP(C) No.5807 of 2026 6 APPENDIX OF WP(C) NO. 5807 OF 2026 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE CERTIFICATE OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, GOVERNMENT OF INDIA DATED 18.02.2014 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER IN RESPECT OF THE 2ND PETITIONER AS HM OF THE SCHOOL VIDE NO. 02/2025 DATED 02.06.2025 Exhibit P-2(a) TRUE COPY OF THE APPOINTMENT ORDER DRAWN UP IN FORM 27 DATED 02.06.2025 Exhibit P-3 TRUE COPY OF THE ORDER NO.
B5/839930/2025 DATED 14.01.2026 Exhibit P-3(a) TRUE COPY OF THE ORDER NO.
DEOATL/1098/2025-B5 DATED 14.01.2026 Exhibit P-4 TRUE COPY OF THE ARGUMENT NOTES IN THE MATTER SUBMITTED BY THE 1ST PETITIONER BEFORE THE DEO DATED 01.11.2025 Exhibit P-4(a) TRUE COPY OF THE COMPARATIVE STATEMENT REGARDING THE MERITS OF THE CANDIDATES FOR APPOINTMENT TO THE POST OF HM VIS- A-VIS SENIORITY Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 2021 (2) KHC 350 DATED 22.02.2021 (RAMACHANDRAN U V. STATE OF KERALA AND OTHERS) Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN 2008 (4) KLT 926 DATED 19.11.2008 (LEELA V. GOVERNMENT OF KERALA) Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN 2017 (4) KHC 83 DATED 11.07.2017 (MANAGER, CORPORATE EDUCATIONAL AGENCY V. JAMES MATHEW AND OTHERS) Exhibit P-8 TRUE COPY OF THE APPEAL SUBMITTED BY THE 1ST PETITIONER BEFORE THE DDE, ATTINGAL DATED 16.01.2026 Exhibit P-9 TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE 2ND PETITIONER BEFORE 2026:KER:13826 WP(C) No.5807 of 2026 7 THE 2ND RESPONDENT UNDER RULE 8 A CHAPTER XIV A KER DATED 16.01.2026 Exhibit P-10 TRUE COPY OF THE G.O(RT) NO.
136/2025/G.EDN DATED 06.01.2025