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Vidya. K.A vs The State Of Kerala
2026 Latest Caselaw 1542 Ker

Citation : 2026 Latest Caselaw 1542 Ker
Judgement Date : 12 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Vidya. K.A vs The State Of Kerala on 12 February, 2026

Author: N.Nagaresh
Bench: N.Nagaresh
                                               2026:KER:12878




         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                     WP(C) NO. 5202 OF 2026

PETITIONER:

         VIDYA. K.A.
         AGED 27 YEARS, W/O. JAYAKRISHNAN.K,
         HST NATURAL SCIENCE KMVHSS, KODAKKAD
         KODAKKAD P.O KASARGOD DISTRICT
         RESIDING AT KUNNATH ILLAM, KODAAD P.O.,
         KASARGOD DISTRICT, PIN - 673310.


         BY ADVS.
         SRI.DINESH KUMAR K.
         SRI.HAMDAN MANSOOR K.




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
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
 W.P.(C)No.5202 of 2026
                          :2:
                                            2026:KER:12878



   3     THE DEPUTY DIRECTOR OF EDUCATION
         OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
         VIDYA NAGAR KASARGOD DISTRICT, PIN - 671123.

   4     THE DISTRICT EDUCATIONAL OFFICER
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
         KANHANGAD, KASARGOD DISTRICT, PIN - 671315.

   5     THE MANAGER
         KMVHSS, KODAKKAD KODAKKAD (P.O)
         KASARGOD DISTRICT, PIN - 673310.

         BY ADV.SRI. V. VENUGOPAL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 12.02.2026, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.5202 of 2026
                             :3:
                                                2026:KER:12878




                     JUDGMENT

Dated this the 12th day of February, 2026

The petitioner states that the petitioner was

appointed as HST (Natural Science) with effect from

26.07.2021 in the vacancy of Smt. Meenakumari, HST

(Natural Science), who retired from service on 31.05.2021.

Initially, the appointment was approved for the period from

01.11.2021 to 31.03.2022 on daily wages as per Ext.P1

order. The Manager preferred a revision before the 2 nd

respondent against Ext.P1 order and approval was ordered

on regular basis with effect from 26.07.2021.

2. In the year 2021-2022, the Schools in the

State were re-opened on 01.11.2021 as per Exts.P13 and

2026:KER:12878

P14 orders. KER Chapter VII Rule 2A defines the Academic

Year as "Academic Year shall be deemed to commence on

the re-opening day and terminate on the last day before

summer vacation."

3. The 1st respondent had issued Ext.P6

order and it was ordered that 1:40 ratio in 9th and 10th

Standards is extended for the year 2022-2023 for retaining

the existing Teachers. During the year 2021-2022, it was

sanctioned 10 divisions in the High School section and the

same divisions were sanctioned during the year 2022-2023

by implementing 1:40 ratio. Even though 10 divisions were

sanctioned and retained one Smt. Praseetha Kumari. P,

HST (Hindi) during the year 2022-2023, the same benefit

was not awarded to the petitioner. The petitioner was

retrenched with effect from 15.07.2022 and re-appointed

with effect from 01.06.2023 in an additional vacancy which

was sanctioned during the year 2022-2023.

2026:KER:12878

4. The revision which was submitted by the

Manager of the School before the 2nd respondent was

rejected as per Ext.P12 order. Aggrieved on Ext.P12 order,

the petitioner has filed Ext.P16 revision petition before the

1st respondent and the same is pending. Undue delay in its

consideration would result in extreme hardships to the

petitioner, contends the petitioner.

5. I have heard the learned Counsel for the

petitioner and the learned Government Pleader

representing respondents 1 to 4.

6. The petitioner seeks to command the 4th

respondent to approve the appointment of the petitioner and

grant the attendant benefits forthwith. I find that as against

Exts.P11 and P12, the petitioner has preferred Ext.P16

revision petition invoking Rule 92 of Chapter XIV A of KER.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 1st respondent to

2026:KER:12878

consider Ext.P16 revision petition and pass appropriate

orders thereon within a period of three months after giving

an opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH JUDGE ams

2026:KER:12878

APPENDIX OF WP(C) NO. 5202 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER NO. B4/56955/2023/D.E.O DATED 29.01.2024 Exhibit P2 TRUE COPY OF THE ORDER NO.

B1/709220/2024 DATED 15.04.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE EM5/771622/2024 DATED 19.05.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER NO. B4/56955/2023 DATED 25.08.2025 Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2022-2023 BEARING NUMBER B4/48530/2022 DATED 15.08.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER AS G.O (MS) NO. 220/2022/G.EDN DATED 02.12.2022 Exhibit P7 TRUE COPY OF THE G.O (RT) NO.

2887/2025/GEDN DATED 25.04.2025 Exhibit P8 TRUE COPY OF THE ORDER NO.

B4/61491/2023 DATED 20.08.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE ORDER NO.

B4/61491/2023 DATED 01.09.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER NO. B4/47597/2023/DEO DATED 10.07.2023 Exhibit P11 TRUE COPY OF THE ORDER NO.

B1/775584/2024 DATED 01.01.2025 Exhibit P12 . TRUE COPY OF THE APPOINTMENT ORDER NO. EM5/812419/2025 DATED 10.06.2025 Exhibit P13 TRUE COPY OF THE G.O. (RT) NO.

2026:KER:12878

1402/2020/EDN DATED 24/03/2020 Exhibit P14 TRUE COPY OF THE G.O (RT) NO.

4485/2021/GEDN DATED 08.10.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P15 TRUE COPY OF THE CIRCULAR NO. QIP (1) 247365/2021/DGE DATED 08.10.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P16 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 01.11.2025 WITHOUT ANNEXURES

 
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