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