Manoj K P vs State Of Kerala
2026 Latest Caselaw 2170 Ker

Kerala High Court

Manoj K P vs State Of Kerala on 27 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2026:KER:16943

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

    FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947

                        WP(C) NO. 1072 OF 2020

PETITIONER:

          SAKKINA C.,
          AGED 54 YEARS,
          D/O. KADEEJA K.P.,
          RESIDING AT TRIKKANAPURAM, MADIRASSERY,
          MALAPPURAM DISTRICT-679 573,
          HEADMISTRESS,
          DR.K.B.MENON MEMORIAL HIGH SCHOOL,
          THRITHALA,
          PALAKKAD DISTRICT-679 534.


          BY ADVS.
          SRI.P.RAVINDRAN (SR.)
          SMT.LAKSHMI RAMADAS
          SMT.APARNA RAJAN



RESPONDENTS:

    1     THE ADDITIONAL DIRECTOR (GENERAL),
          PUBLIC EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM-695 014.

    2     THE MANAGER,
          DR. K.B. MENON MEMORIAL HIGH SCHOOL,
          TRITHALA, PALAKKKAD-679 534.

    3     MANOJ K.P,
          H.S.T (P.S),
                                                2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

                                :2:


           DR. K.B. MENON MEMORIAL HIGH SCHOOL,
           TRITHALA, PALAKKAD-679 534.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           OTTAPPALAM-679 101.


           BY ADVS.
           SRI.PREMCHAND R.NAIR, SR.GOVERNMENT PLEADER
           SMT.T.B.REMANI,R3


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.02.2026, ALONG WITH WP(C).8762/2024 AND THE COURT
ON 27.02.2026 DELIVERED THE FOLLOWING:
                                               2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

                                :3:


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

  FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947

                     WP(C) NO. 8762 OF 2024

PETITIONER:

           MANOJ K P
           AGED 56 YEARS
           S/O. ARUMUGHAN,
           RETIRED HEADMASTER,
           THSS ANGADIPURAM,
           RESIDING AT KANGAPARAMBIL,
           PERUMPARAMBA, MALAPPURAM,
           PIN - 679576.

           BY ADV.
           SMT.T.B.REMANI


RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GENERAL,
           EDUCATION DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION,
           JAGATHI, THIRUVANANTHAPURAM,
           PIN - 695014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           OFFICE OF THE DEPUTY DIRECTOR EDUCATION,
           MALAPPURAM, PIN - 676505.
                                             2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

                                :4:



    4      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           MALAPPURAM, PIN - 676505.

    5      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           OTTAPPALAM AND EX-OFFICIO MANAGER KB MENON
           MEMORIAL HIGHER SECONDARY SCHOOL TRITHALA,
           PALAKKAD DISTRICT, PIN - 679534.

    6      THE ACCOUNTANT GENERAL (A&E),
           OFFICE OF THE ACCOUNTANT GENERAL (A&E),
           THIRUVANANTHAPURAM,
           PIN - 695001.

    7      SAKKINA C
           TRIKKANAPURAM, MADIRASSERI MALAPPURAM,
           PIN - 679573.


           BY ADV
           SRI.SREEDHAR RAVINDRAN,R7
           SRI.PREMCHAND R.NAIR, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.02.2026, ALONG WITH WP(C).1072/2020 AND
THE COURT ON 27.02.2026 DELIVERED THE FOLLOWING:
                                                                2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

                                      :5:




                          N. NAGARESH, J.

         `````````````````````````````````````````````````````````````
         W.P.(C) Nos.1072 of 2020 and 8762 of 2024

          `````````````````````````````````````````````````````````````
             Dated this the 27th day of February, 2026


                            JUDGMENT

~~~~~~~~~

Both these writ petitions are concerning

appointment to the post of Headmaster in Dr. K.B. Menon

Memorial High School, Thrithala. Therefore, these writ

petitions are disposed of by a common judgment. The parties

and exhibits are described / marked in this judgment as they

are described / marked in W.P.(C) No.1072/2020.

2. W.P.(C) No.1072/2020 has been filed by the

Headmistress of the School. The petitioner states that she

was appointed as Headmistress on 01.06.2017 as per Ext.P1.

2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

The appointment was approved by the District Educational

Officer on 31.08.2017 as per Ext.P2. The 3rd respondent filed

an appeal. The appeal was rejected by the Deputy Director of

Education as per Ext.P4. The 3rd respondent preferred a

second appeal before the Director of General Education. The

Additional Director of General Education issued Ext.P6 order

dated 04.01.2020 directing the Manager to appoint the 3rd

respondent as Headmaster.

3. The petitioner states that on the date of

appointment, the petitioner was fully qualified and was the

seniormost. Her appointment was strictly in accordance with

law. An amendment to Rule 44A of Chapter XIVA KER,

which provided for giving preference to the test qualified

Teachers, was introduced by a Gazette Notification dated

13.12.2017, subsequent to the appointment of the petitioner

as Headmaster. It cannot have retrospective effect. Ext.P6

order is therefore liable to be set aside.

2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

4. The 3rd respondent in the writ petition filed

W.P.(C) No.8762/2024. The 3rd respondent stated that he is

working as HSA (PS) since 30.07.1992 and he possesses all

requisite test qualifications. The Government issued Ext.P2

Government Order granting preference for appointment of

Headmaster in High Schools to those who passed

departmental tests. The 3rd respondent being test qualified,

he is entitled to preference for appointment.

5. The appointment of the petitioner as

Headmistress was in violation of statutory rules as well as

Government Order dated 10.06.2015. The 5th respondent

should therefore approve the appointment of the petitioner as

Headmistress with effect from 01.06.2017. The respondents

are compellable to recalculate the pensionary benefits of the

petitioner including DCRG on grant of approval to the

appointment of the 3rd respondent as Headmaster from

01.06.2017 to 23.11.2020.

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W.P.(C) Nos.1072/2020 & 8762/2024

6. The 1st respondent resisted the writ petition

and filed counter affidavit. The 1st respondent submitted that

as per Ext.P5 seniority list, the petitioner was the seniormost

Teacher placed at serial No.5 and the 3rd respondent was

placed at serial No.12. However, at the time of appointment,

the petitioner was not test qualified. At the same time, she

was eligible for the relaxation prescribed in second proviso to

Rule 44A of Chapter XIVA KER. The 3rd respondent was fully

qualified for appointment to the post of Headmaster. The 1st

respondent found that as on the date of occurrence of the

vacancy on 01.06.2017, the 3rd respondent was fully test

qualified. The petitioner passed departmental tests only in

the year 2018. Hence, the 3rd respondent was found to be the

qualified hand at the time of occurrence of vacancy.

7. I have heard the learned counsel for the

petitioners in both the writ petitions and the learned Senior

Government Pleader representing the departmental 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

respondents.

8. The petitioner and the 3rd respondent were

working in the School. Evidently, the petitioner is senior to

the 3rd respondent in the seniority list maintained in the

School. The petitioner possesses requisite educational

qualifications. As on the date of occurrence of the vacancy,

the petitioner did not have departmental test qualifications.

But, the petitioner was above 50 years of age and therefore

she was exempted from test qualifications. On the afore

premises, the Manager appointed the petitioner as

Headmistress. The 1st respondent-Additional Director

(General) found that a test qualified HSA has to be preferred

for appointment as Headmaster and the 3rd respondent being

test qualified and having educational qualifications, should be

appointed as Manager, as per Ext.P6.

9. The petitioner was appointed on 01.06.2017.

The petitioner satisfied educational qualifications required for 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

appointment as Headmistress. Admittedly, the petitioner did

not possess test qualifications as on the date of appointment.

The contention of the petitioner is that she had crossed 50

years of age and therefore stood exempted from test

qualifications.

10. However, in the meanwhile, G.O.(MS)

No.157/2015 dated 10.06.2015 was issued which directed to

give preference to test qualified Senior Teachers for

appointment as Headmaster. It is based on this Government

Order that the 1st respondent directed to appoint the test

qualified 3rd respondent as Headmaster, in preference to the

petitioner. The petitioner would argue that necessary

amendments in KER pursuant to the G.O. dated 10.06.2015

was effected only on 13.12.2017 and therefore, the said

amendment cannot be retrospectively made applicable to the

petitioner, who was fully qualified to hold the post of

Headmistress as on the date of occurrence of vacancy.

2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

11. However, it is to be noted that when Ext.P3

amendment was effected to Rule 44A as per the Kerala

Education (Amendment) Rules, 2017, the amendment was

given retrospective effect from 01.06.2015. The said

amendment is not under challenge in this writ petition.

Therefore, Ext.P3 amendment giving preference to test

qualified Teachers for appointment to the post of Headmaster

should be treated as in existence as on the date of

occurrence of vacancy in the School. Therefore, the 3rd

respondent had a superior claim.

In the afore circumstances, I do not find any

merit in W.P.(C) No.1072/2020 so as to interfere with Ext.P6

order dated 04.01.2020 of the Additional Director (General) of

Education. W.P.(C) No.1072/2020 is therefore dismissed.

W.P.(C) No.8762/2024 is allowed. The District Educational

Officer is directed to approve the appointment of the 3rd

respondent (petitioner in W.P.(C) No.8762/2024) as 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

Headmaster from 01.06.2017 to 23.11.2020. Respondents 3

and 6 in W.P.(C) No.8762/2024 are directed to recalculate the

pensionary benefits including DCRG payable to the petitioner

in W.P.(C) No.8762/2024. This shall be done within a period

of two months.

Sd/-

N. NAGARESH, JUDGE aks/25.02.2026 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

APPENDIX OF WP(C) NO. 1072 OF 2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HEADMISTRESS ISSUED BY THE 2ND RESPONDENT DATED 01.06.2017.

EXHIBIT P2        TRUE COPY OF THE ORDER OF THE DEO
                  APPROVING   THE   APPOINTMENT   OF   THE
                  PETITIONER    AS   HEADMISTRESS    DATED

31.08.2017 (WITH ENGLISH TRANSLATION). EXHIBIT P3 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.12.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR REJECTING THE APPEAL OF THE 3RD RESPONDENT DATED 16.01.2018 (WITH ENGLISH TRANSLATION).

EXHIBIT P5        TRUE COPY OF THE SENIORITY LIST OF
                  TEACHERS OF DR. K.B. MENON MEMORIAL
                  HIGH    SCHOOL,     TRITHALA    AS    ON
                  01.01.2017.
EXHIBIT P6        TRUE COPY OF THE ORDER ISSUED BY THE

1ST RESPONDENT DATED 04.01.202O (WITH ENGLISH TRANSLATION).

RESPONDENTS' EXHIBITS

EXHIBIT-R3(A) TRUE COPY OF THE CERTIFICATES OF PASS IN ACCOUNT TEST (LOWER) AND KERALA EDUCATION ACT AND RULES ISSUED BY THE KPSC DATED 13.09.2006 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

APPENDIX OF WP(C) NO. 8762 OF 2024

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE CERTIFICATES OF PASS IN ACCOUNT TEST (LOWER) AND KERALA EDUCATION ACT AND RULES ISSUED BY THE KPSC DATED 13.09.2006 Exhibit-P2 TRUE COPY OF THE GO(MS) NO.

                      157/2015/G.EDN       ISSUED      BY    THE
                      GOVERNMENT DATED 10.06.2015
Exhibit-P3            TRUE COPY OF THE APPOINTMENT ORDER IN
                      FORM    27    OF    THE    PETITIONER   AS

HEADMASTER WITH EFFECT FROM 01.04.2017 Exhibit-P4 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE 7TH RESPONDENT DATED 01.06.2017 Exhibit-P5 TRUE COPY OF THE ORDER NO.

D.DIS.B2/2950/2017 ISSUED BY THE 5TH RESPONDENT DATED 31.08.2017 Exhibit-P6 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.01.2018 Exhibit-P7 TRUE COPY OF THE SRO NO. 794/2017 DATED 13.12.2017 VIDE GO(MS) NO.

157/2015/G.EDN DATED 10.06.2015 Exhibit-P8 TRUE COPY OF THE ORDER NO.

EM(1)/7814/DGE/K.DIS DATED 04.01.2020 ISSUED BY THE 2ND RESPONDENT Exhibit-P9 TRUE COPY OF THE ORDER NO. D.DIS B4/20086/2021 DATED 12.03.2021 OF THE 4TH RESPONDENT Exhibit-P10 TRUE COPY OF THE RELEVANT PAGE OF THE PENSION PAYMENT ORDER ALONG WITH ADMISSIBILITY REPORT Exhibit-P11 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WA NO. 755/2018 AND CONNECTED CASES DATED 16.02.2024 2026:KER:16943

W.P.(C) Nos.1072/2020 & 8762/2024

RESPONDENTS' EXHIBITS

EXHIBIT R5(A) TRUE COPY OF THE ORDER B2/2496/2020 DATED 19/11/2020 EXHIBIT R5(B) TRUE COPY OF THE GAZETTE NOTIFICATION VIDE SRO NO.794/2017 DATED 13/12/2017