Gopalakrishna Bhat. S vs State Of Kerala Represented By The ...
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Kerala High Court

Gopalakrishna Bhat. S vs State Of Kerala Represented By The ... on 23 February, 2026

                                               2026:KER:16308
W.P.(C) No.38822 of 2023
                                1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947

                     WP(C) NO. 38822 OF 2023

PETITIONER:

           GOPALAKRISHNA BHAT. S, AGED 58 YEARS, S/O. S.
           KRISHNA BHAT, RETIRED PRINCIPAL, S.V.V. HIGHER
           SECONDARY SCHOOL, MIYAPADAVU, MIYAPADAVU P.O,
           MANJESHWAR VIA, KASARAGOD DIST. PIN : 671 323
           RESIDING AT MUGULIMOOLA, PADRE P.O, PERLA VIA,
           KASARAGOD DIST., PIN - 671 552


           BY ADV SRI.MURALI PALLATH


RESPONDENTS:

     1     STATE OF KERALA REPRESENTED BY THE SECRETARY TO
           GOVT.
           GENERAL    EDUCATION   DEPARTMENT,   GOVERNMENT,
           SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM., PIN
           - 695 001

     2     THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF
           GENERAL EDUCATION, HIGHER SECONDARY SECTION,
           HOUSING BOARD BUILDING, THIRUVANANTHAPURAM., PIN
           - 695 001

     3     THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
           EDUCATION REGIONAL OFFICE, PAYYAMBALAM P.O.,
           KANNUR DIST., PIN - 670 003

     4     THE MANAGER, S.V.V. HIGHER SECONDARY SCHOOL,
           MIYAPADAVU,   MIYAPADAVU  P.O, MANJESHWAR VIA,
           KASARAGOD DIST., PIN - 671 323
                                             2026:KER:16308
W.P.(C) No.38822 of 2023
                                 2

           BY ADV GOVERNMENT PLEADER

           SMT. SYLAJA S.L.,GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                          2026:KER:16308
W.P.(C) No.38822 of 2023
                                         3




                              JUDGMENT

The petitioner joined the service of the school managed

by the 4th respondent as HSA in the year 1993 and was

promoted to the cadre of Headmaster with effect from

01.04.2016. Later, the Manager appointed the petitioner as

Principal with effect from 10.06.2021, and the petitioner sought

approval of his appointment as Principal. However, the 3 rd

respondent, by order dated Ext.P12, rejected the approval of the

petitioner's appointment as Principal. The appeal as well as the

subsequent revision filed by the Manager against the aforesaid

order were also unsuccessful. It is in the above circumstances

that the petitioner has approached this Court.

2. Heard Sri.Murali Pallath, the learned counsel for

the petitioner and Smt. Shylaja S.L., the learned Government

Pleader.

3. The revision filed by the Manager was rejected

pursuant to the order at Ext.P6, essentially placing reliance on

the Government Order dated 03.05.2023, produced as Ext.P7

along with the writ petition.

2026:KER:16308

4. In my opinion, the revision ought not to have

been rejected with reference to the contents of Ext.P7

Government Order, insofar as the said Government Order was

issued in May 2023, whereas the petitioner was appointed as

Principal with effect from 10.06.2021. Furthermore, the reason

stated for rejection in Ext.P2, which found favour with the

appellate authority as well as the Government, is that another

teacher has already been working in the educational institution

as HSST (Hindi), and therefore, no post is available to

accommodate the petitioner. However, the aforesaid issue has

already been considered by this Court in Jayaraj V.P. And

Another v. State of Kerala and Others [2016 (2) KLT 200],

wherein it was held that when a Headmaster is promoted as

Principal in the Higher Secondary Section and HSSTs are

available in the concerned subjects, the junior-most HSST in that

subject is liable to be continued in a supernumerary post.

5. In view of the principles laid down in the

aforesaid judgment, I am of the opinion that the petitioner's

request for approval of his appointment ought to have been

considered in the light of the mandate contained in Jayaraj V.P. 2026:KER:16308

And Another v. State of Kerala and Others [2016 (2) KLT

200]. However, the said issue has not been addressed by the

Government with reference to the principles laid down in the

aforementioned judgment while issuing the impugned order at

Ext.P6.

In such circumstances, this writ petition would stand

allowed, setting aside Ext.P6. The Government is directed to

consider the matter afresh, with specific reference to the

principles laid down by this Court in Jayaraj V.P. And Another

v. State of Kerala and Others [2016 (2) KLT 200]. Orders as

above shall be issued after affording the petitioner an effective

opportunity of being heard, as expeditiously as possible, at any

rate, within a period of three months from the date of receipt of

a copy of this judgment.

Sd/-

HARISANKAR V. MENON JUDGE PR 2026:KER:16308

APPENDIX OF WP(C) NO. 38822 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 10.06.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF ORDER NO. B5/2589/2021 DATED 09.08.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF APPEAL PETITION DATED 18.08.2021 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF ORDER NO.

ACD.A2/211433/2021/HSE DATED 22.03.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF REVISION PETITION DATED 12.04.2022 SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF GOVT. LETTER NO.

T3/67/2022/G.E.D DATED 13.09.2023 Exhibit P7 TRUE COPY OF GO(MS) NO. 52/2023/GEDN DATED 03.05.2023 Exhibit P8 TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH COURT IN JAYARAJ. V.P AND ANOTHER VS STATE OF KERALA AND OTHERS (2016 KHC

419)