2025:KER:25255 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11853 OF 2025 PETITIONER: DAMODARAN P.H AGED 22 YEARS S/O HAREESH K.M.P, LPST, AKMLP SCHOOL, PONGALLOOR, MAMPAD, NILAMBUR, MALAPPURAM DISTRICT (RESIDING AT SREE KRISHNA NIVAS, CHERAMKUTH, MANHAPATTA, MALAPPURAM DISTRICT), PIN - 676542 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM, PIN - 695014 3 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT, PIN - 679328 4 THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329 2025:KER:25255 WP(C) No.11853 of 2025 2 5 THE MANAGER, AKMLP SCHOOL, PONGALLOOR, MAMPAD, NILAMBUR, MALAPPURAM DISTRICT, PIN - 676542 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25255 WP(C) No.11853 of 2025 3 JUDGMENT Dated this the 25th day of March, 2025 AKMLP School, Pongalloor is an Aided Primary School in terms of the Kerala Education Act and Rules, situated in Nilambur Educational Sub District. The petitioner was appointed in the School as LPST from 03.06.2024 onwards. The appointment was made against a promotion vacancy. By Ext.P2, approval to the appointment was rejected by the Assistant Educational Officer. Ext.P2 was carried in Appeal before the District Educational Officer. But, the appeal was also rejected as per Ext.P4 order. 2. The petitioner submits that the petitioner was not put on notice prior to the issuance of Exts.P2 and P4. The hearing notice referred in the Ext.P4 reached the Manager after the due date, contends the petitioner. What is stated in Exts.P2 and P4 to decline approval to Ext.P1 appointment of 2025:KER:25255 WP(C) No.11853 of 2025 4 the petitioner is that the promotion of the Headmaster is not approved and hence, the vacancy in which the petitioner was appointed is not established. 3. The petitioner submits that the contention of non-approval to the promotee is incorrect. The promotee has got approval as in-charge Headmistress. Such kind of approval is enough so as to grant approval to the petitioner who was appointed in the resultant vacancy in view of the Government Circular dated 06.11.1989. Therefore, relying on the Rule afore as also Ext.P5(a), the appointment of the petitioner covered by Ext.P1 could be granted approval. 4. The petitioner submitted that promotion of Smt. Jamsheena P.P. as Headmistress took place when the earlier Headmaster retired on 31.03.2024. Therefore, a vacancy to contain the petitioner as LPST is available in the School. Consequently, the AEO and DEO are not justified in declining approval stating that the vacancy is not established. 2025:KER:25255 WP(C) No.11853 of 2025 5 5. The School has got minority status duly declared by the National Minorities Commission. There are no other senior or better claimants than the promotee Smt. Jamsheena for appointment to the post of Headmistress. Thus, the vacancy in which the petitioner was appointed as per Ext.P1 is a regular vacancy and hence, the appointment of the petitioner could be approved relying on the Government Order dated 28.02.2019 and Circular dated 08.03.2019. 6. The petitioner further submitted that the petitioner is continuing in service discharging the duties of LPST since June, 2024, but he is not paid salary for want of approval. There is no case that the petitioner is not qualified to be LPST or there are any other better statutory claimants. It is due to the misunderstanding of the legal provision that the AEO and DEO issued Exts.P2 and P4 declining approval to Ext.P1. There are no excess Teachers including the petitioner in the School than the sanctioned strength as per the Staff 2025:KER:25255 WP(C) No.11853 of 2025 6 Fixation Orders for 2023-2024 and 2024-2025, contended the petitioner. 7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 8. The petitioner would urge that he was appointed in the School as LPST from 03.06.2024 and the appointment was made against a promotion vacancy. The appointment was rejected by the Assistant Educational Officer. The appeal against the AEO’s order was declined by the District Educational Officer as per Ext.P4. Exts.P2 and P4 cannot withstand judicial scrutiny, contends the petitioner. 9. Going through the pleadings, I find that the petitioner has preferred Ext.P9 Revision Petition against Exts.P2 and P4 orders. As Ext.P9 is a statutory Revision Petition, it would be only just and proper that the revisional authority considers the same and passes appropriate orders 2025:KER:25255 WP(C) No.11853 of 2025 7 in accordance with law. The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P9 Revision Petition and take appropriate decision thereon within a period of four months after giving an opportunity of hearing to the petitioner, adverting to Exts.P5(a), P7 and P8 also. Sd/- N.NAGARESH JUDGE spk 2025:KER:25255 WP(C) No.11853 of 2025 8 APPENDIX OF WP(C) 11853/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2024 Exhibit P-2 TRUE COPY OF THE ORDER NO. C/729180/2024 DATED 18.11.2024 OF THE AEO, NILAMBUR Exhibit P-3 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DEO, WANDOOR DATED 21.02.2025 Exhibit P-4 TRUE COPY OF THE ORDER NO. A3/798818/2024 DATED 05.02.2025 OF THE DEO, WANDOOR Exhibit P-5 TRUE COPY OF THE ORDER NO. L.DIS/AEONBR/687/2024-C DATED 21.05.2024 OF THE AEO, NILAMBUR Exhibit P-5(a) TRUE COPY OF THE GOVERNMENT CIRCULAR NO.23323/J1/89/G.EDN. DATED 06.11.1989 Exhibit P-6 TRUE COPY OF THE MINORITY CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 29.01.2014 Exhibit P-7 TRUE COPY OF THE G.O(P) NO. 3/2019/G.EDN. DATED 28.02.2019 Exhibit P-8 TRUE COPY OF THE CIRCULAR NO. J2/57/2019/G.EDN. DATED 08.03.2019 2025:KER:25255 WP(C) No.11853 of 2025 9 Exhibit P-9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 27.02.2025 (WITHOUT EXHIBITS )