Kerala High Court
Remya K P vs State Of Kerala on 22 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:5289
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947
WP(C) NO. 2574 OF 2026
PETITIONER:
REMYA K P
AGED 39 YEARS
/O. SUNESH K P, H.S.T HINDI
K. R. HIGHER SECONDARY SCHOOL PURAMERI
RESIDING AT KALARIKOTTIYA PARAMBATH,
KAKKOTTIL POST, VATAKARA,
KOZHIKODE DISTRICT, PIN - 673507
BY ADVS.
SRI.POOVAMULLE PARAMBIL ABDULKAREEM
SRI.K.N.KUMARASWAMY SARMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIATE,
THIRUVANATHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANATHAPURAM, PIN - 695014
3 REGIONAL DEPUTY DIRECTOR
OFFICE OF THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, KOZHIKODE,
PIN - 673004
2026:KER:5289
WP(C) No.2574 of 2026
2
4 MANAGER
K. R. HIGHER SECONDARY SCHOOL PURAMERI,
PURAMERI POST, KOZHIKODE DISTRICT,
PIN - 673503
5 SMT. AJITHA KULAMULLATHIL
H.S.S.T (MATHEMATICS), UNAPPROVED,
K. R. HIGHER SECONDARY SCHOOL PURAMERI,
PURAMERI POST, KOZHIKODE DISTRICT,
PIN - 673503
BY ADV.
SRI.V. VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:5289
WP(C) No.2574 of 2026
3
JUDGMENT
Dated this the 22nd day of January, 2026 The petitioner is working as High School Assistant (Hindi) in Kadathanadu Rajas HS School from 08.09.2021 onwards and she is the next person to be promoted / appointed as Higher Secondary School Teacher in the vacancy arose during the Academic Year 2025-2026 in accordance with the Kerala Education Rules, 1959.
2. In the Academic Year 2025-2026, two retirement vacancies of HSST (Hindi) and HSST (Mathematics) arose in the School. The first vacancy arose on 31.03.2025 due to the retirement of the Principal of the School as HSST (Hindi) and the second vacancy arose on 31.05.2025 as HSST (Mathematics).
3. The petitioner stakes a claim for HSST (Hindi) as she is fully qualified for the post. But, the Manager 2026:KER:5289 WP(C) No.2574 of 2026 4 appointed the 5th respondent, who is unqualified, to the post of HSST (Mathematics). However, the said appointment was not approved till date on the ground that she is not having prescribed qualification.
4. According to the petitioner, if any appointment is made in the absence of the prescribed qualification, such appointment cannot be considered as a valid appointment. Though the petitioner made several requests to the 4th respondent to appoint the petitioner in the post of HSST (Hindi) to follow the ratio 1:3, the said request was not heeded. Therefore, the petitioner approached the 3 rd respondent filing Ext.P6 representation, which is pending.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. Notice to respondents 4 and 5 is dispensed with in view of the nature of the relief to be granted in the writ petition.
2026:KER:5289 WP(C) No.2574 of 2026 5
6. The contention of the petitioner is that the 5 th respondent is unqualified for appointment to the post of HSST (Mathematics) and nevertheless, the 5 th respondent has been granted appointment.
7. It is submitted that the question of approval to be granted to the 5 th respondent is pending. In the meanwhile, the petitioner has preferred Ext.P6 representation before the 3rd respondent.
8. In the facts of the case, it would be only just and proper that the 3rd respondent considers Ext.P6 while considering the question of approval to the appointment of the 5th respondent.
The writ petition is accordingly disposed of directing the 3rd respondent to consider Ext.P6 representation submitted by the petitioner and pass appropriate orders thereon within a period of two months and at any rate before finalising the issue of approval of appointment granted to the 2026:KER:5289 WP(C) No.2574 of 2026 6 5th respondent, if the appointment is not already approved. The petitioner and respondents 4 and 5 shall be granted opportunity of hearing while taking a decision.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:5289 WP(C) No.2574 of 2026 7 APPENDIX OF WP(C) NO. 2574 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 08/09/2021 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER NO.
B6/56671/2023 DATED 28/01/2024 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, VATAKARA Exhibit P3 TRUE COPY OF THE ORDER NO.
DEOVKA/2237/2024-B6 (3)/DEO DATED
31/08/2024 ISSUED BY DISTRICT
EDUCATIONAL OFFICER
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
28/01/2025 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 19/05/2025 SUBMITTED BY THE PETITIONER Exhibit P6 TRUE PHOTO COPY OF THE REPRESENTATION DATED 15/01/2026 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT