Kerala High Court
The Manager ( P. Sadanandan) vs The State Of Kerala on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:397
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 164 OF 2026
PETITIONER:
THE MANAGER (P.SADANANDAN),
AGED 71 YEARS,
S/O E.K. KRISHNA VARMA RAJA,
KADATHANAD RAJAS HIGHER SECONDARY SCHOOL,
PURAMERY,
KOZHIKODE DISTRICT,
(RESIDING AT 16/2,37-D,
VELACHERY,
TAMBARAM MAIN ROAD, SPIC NAGAR,
VELANCHERRY, CHENNAI,
TAMIL NADU-600 042),
PIN - 673503
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), SANTHI NAGAR,
ULLOOR LANE, JAGATHY,
THIRUVANANTHAPURAM,
PIN - 695014
2026:KER:397
W.P.(C) No.164/2026
:2:
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
OFFICE OF THE RDD HSE,
KOZHIKODE DISTRICT, PIN - 673001
BY ADV.
SRI.V.VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:397
W.P.(C) No.164/2026
:3:
JUDGMENT
Dated this the 6th day of January, 2026 The petitioner is Manager of Kadathanad Rajas Higher Secondary School. A vacancy of HSST (History) arose in the School in June, 2022. The vacancy was initially intimated to the Employment Officer, Kozhikode for PwD reservation. But recruitment could not be made. In June, 2025 vacancy of HSST (Hindi) arose in the School. As the appointment of HSST (History) from PwD category was not materialized, the petitioner converted the reservation into the post of HSST (Hindi) and intimated to the 3 rd respondent along with roster details.
2. However, transposition of the reservation from the category of HSST (History) to HSST (Hindi) was not 2026:KER:397 W.P.(C) No.164/2026 :4: formally recognized by the 3rd respondent. Therefore, reminders were being sent in that behalf. The 4 major subjects taught in the School in Humanities batch are History, Economic, Political Science and Sociology. Being the 1 st vacancy in the category of HSST, HSST (History) was set apart for disabled candidates at the first instance.
3. In the category of HSST (Junior), the vacancy that would arise for PwD reservation would be HSST (Economics). In the event HSST (History) and HSST(Junior) Economics were reserved for PwD, it would adversely affect the interests of the students community being the main two subjects in the Humanity batch. In the above circumstances, considering the students interests, the petitioner de-reserved HSST (History) from PwD category and set apart HSST (Hindi) post for PwD. For ratification of this arrangement, the petitioner has approached the Government.
2026:KER:397 W.P.(C) No.164/2026 :5:
4. The 3rd respondent called for explanation from the petitioner asking to why steps were not followed so as to effect the appointment of HSST (History) from PwD hands. It was replied by the petitioner in detail. The petitioner explained the factual situation as to why the reservation for PwD was converted from HSST (History) to HSST (Hindi). In view of Exts.P4 and P4(a), as of now, it is for the District Level Committee to sponsor candidates instead of Employment Exchange so as to effect appointment of PwD hands in the aided Schools.
5. Instead of implementing the guidelines contained in Exts.P4 and P4(a) so as to effect the appointment of a PwD hand for the post of HSST (Hindi), the 3 rd respondent is pondering over the issue of non appointment of HSST (History), contends the petitioner. The petitioner had requested for a candidate in the category of History belonging to PwD. But, the appointment could not be materialized hitherto and 2026:KER:397 W.P.(C) No.164/2026 :6: therefore the vacancy was converted to HSST (Hindi) and intimated to the 3rd respondent. Such conversion and prospective appointment is permissible in view of Ext.P5 Government letter and Ext.P6 Government Order, contends the petitioner.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
7. According to the petitioner, a vacancy of HSST (Hindi) arose in the School in June, 2025. In as much as appointment of HSST (History) for PwD hand was not materialised by the time, the petitioner converted the reservation to the post of HSST (Hindi) and the matter was intimated to the 3rd respondent. However, transposition of the reservation from the category of HSST (History) to HSST (Hindi) was not formally recognised by the 3rd respondent.
2026:KER:397 W.P.(C) No.164/2026 :7:
8. Be that as it may, from the pleadings, I find that the petitioner has preferred Ext.P7 Revision Petition before the 1st respondent in this regard. In the facts of the case, it would be sufficient that the 1st respondent considers Ext.P7 and passes appropriate orders thereon within a reasonable time.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P7 and pass appropriate orders thereon within a period of three months after giving opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH JUDGE SR 2026:KER:397 W.P.(C) No.164/2026 :8: APPENDIX OF WP(C) NO. 164 OF 2026 PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE INTIMATION VIDE LETTER OF THE DIVISIONAL EMPLOYMENT OFFICER ADDRESSING THE MANAGER DATED 11.08.2023 Exhibit P-2 TRUE COPY OF THE PROCEEDINGS VIDE NO.
20/2025 DATED 14.07.2025 OF THE
PETITIONER
Exhibit P-2(a) TRUE COPY OF THE ROSTER DATA COLLECTION
REPORT OF THE SCHOOL
Exhibit P-2(b) TRUE COPY OF THE REMINDER VIDE LETTER
OF THE PETITIONER ADDRESSING THE RDD HSE, KOZHIKODE DATED 22.11.2025 Exhibit P-3 TRUE COPY OF THE LETTER NO.
RDDHSE/KKD/3094/2025-CLK(A3) DATED 01.12.2025 OF THE RDD HSE, KOZHIKODE ADDRESSING THE PETITIONER Exhibit P-3 (a) TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE RDD HSE, KOZHIKODE Exhibit P-4 TRUE COPY OF THE CIRCULAR NO.
DGE/13618/2025-H2 PART (1) DATED
10.07.2025 OF THE DIRECTOR
Exhibit P-4(a) TRUE COPY OF THE TRUE COPY OF THE
CIRCULAR NO. DGE/13618/2025-H2 PART (1) DATED 19.10.2025 Exhibit P-5 TRUE COPY OF THE GOVERNMENT LETTER NO.
JR1/547/2024/G.EDN. DATED 01.04.2025 OF THE GOVERNMENT SECRETARY Exhibit P-6 TRUE COPY OF THE G.O(RT) NO.
1601/2023/G.EDN. DATED 27.02.2023 Exhibit P-7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 19.12.2025 (WITHOUT EXHIBITS).