2025:KER:25258 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. 12211 OF 2025 PETITIONER: BIJO GEEVARUGHESE AGED 56 YEARS S/O. V. GEEVARUGHESE, RESIDING AT GIBY BHAVAN, K-20, KAILAS NAGAR, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695004 BY ADVS. DINESH MATHEW J.MURICKEN VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE JERRY PETER RIA VARGHESE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT, ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 DIRECTOR GENERAL OF EDUCATION, (HSE WING) HOUSING BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2025:KER:25258 WP(C) No.12211 of 2025 2 3 REGIONAL DEPUTY DIRECTOR (HSE WING) UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033 4 THE CORRESPONDENT MALANKARA SYRIAN CATHOLIC SCHOOLS SAMANWAYA BUILDINGS ST MARY'S CATHEDRAL CAMPUS PATTOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695004 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:25258 WP(C) No.12211 of 2025 3 JUDGMENT Dated this the 25th day of March, 2025 The petitioner is working as Headmaster at St. Johns Higher Secondary School, Nalanchira under the 4th respondent. The petitioner is qualified to be appointed as Principal in Higher Secondary School as provided under Rule 4, Method of Appointment, Chapter XXXII of the Kerala Education Rules, 1959. 2. The petitioner submits that he started his career as a High School Teacher on 01.06.1999 at St. Mary’s Higher Secondary School, Pattom. While working as Headmaster at St. Johns Higher Secondary School, Nalanchira for two years, the petitioner submitted a representation to the 2nd respondent seeking a direction to consider the Headmaster while making an appointment to the vacancy in the post of Principal in St. Mary’s School, Pattom. 2025:KER:25258 WP(C) No.12211 of 2025 4 Being aggrieved by non-promotion to the post of Principal in Higher Secondary School, the petitioner submitted an application before 4th respondent to consider him to the vacancy occurred in the St. Mary’s Higher Secondary School, Kizhakkekara as per the KER. 3. The petitioner’s retirement date is approaching on 31.05.2025. If promotion to the post of Principal is not granted before his retirement, the petitioner will lose his opportunity to avail the benefits and recognition associated with the post, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 5. The contention of the petitioner is that his promotion to the post of Principal is justified as per the KER provisions. The failure to promote him despite the petitioner being eligible, violates his right to be considered for the post 2025:KER:25258 WP(C) No.12211 of 2025 5 and results in discrimination. The petitioner contends that he is due to retire on 31.05.2025. 6. Taking into consideration the facts of the case, I am of the view that it would be only appropriate that the 2nd respondent considers Ext.P5 representation submitted by the petitioner in this regard as expeditiously as possible and at any rate before 31.05.2025. The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P5 representation and take appropriate decision thereon as expeditiously as possible and at any rate before 31.05.2025. Sd/- N.NAGARESH JUDGE spk 2025:KER:25258 WP(C) No.12211 of 2025 6 APPENDIX OF WP(C) 12211/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16.07.2023 Exhibit P2 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER ADDRESSING THE 3RD RESPONDENT DATED 07.08.2023 Exhibit P3 TRUE COPY OF REPLY RECEIVED BY THE PETITIONER FROM THE STATE PUBLIC INFORMATION OFFICER DATED 08.09.2023 Exhibit P4 TRUE COPY OF REPRESENTATION SUBMITTED TO THE 4TH RESPONDENT DATED 27.05.2024 Exhibit P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER ADDRESSING THE 2ND RESPONDENT DATED 07.03.2025 Exhibit P6 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER ADDRESSING THE 3RD RESPONDENT DATED 07.03.2025