2025:KER:29400 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 14068 OF 2025 PETITIONER: R. SREEREKHA AGED 44 YEARS, W/O.ANIL KUMAR K C HEADMISTRESS, S N M HIGHER SECONDARY SCHOOL, PURAKKAD, PURAKKAD P O, ALAPPUZHA DISTRICT (RESIDING AT CHITTAKKATTETHU HOUSE, VETTUVENI, HARIPAD P O, ALAPPUZHA DISTRICT-690 514), PIN – 688561. BY ADVS. V.A.MUHAMMED V.RAJASEKHARAN NAIR RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.14068 of 2025 :2: 2025:KER:29400 2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING) NEW BUILDINGS, ULLOOR LANE JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIREICTOR OF HIGHER SECONDARY EDUCATION, AALTHARA JUNCTION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN – 689121. 4 THE MANAGER S N M HIGHER SECONDARY SCHOOL, PURAKKAD P.O. PURAKKAD, ALAPPUZHA DISTRICT, PIN – 688561. 5 SMT. AMBILI S. KRISHNAN PRINCIPAL (NOT APPROVED) S N M HIGHER SECONDARY SCHOOL, PURAKKAD, P.O. PURAKKAD, LAPPUZHA DISTRICT, PIN – 688561. BY ADV.SRI.V. VENUGOPAL, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.14068 of 2025 :3: 2025:KER:29400 J U D G M E N T Dated this the 4th day of April, 2025 The petitioner states that the vacancy of HSST (English) arose due to the retirement of Smt. Smitha, HSST English on 31.03.2025. The first Principal of the Higher Secondary School was Sri.Sasikumar who was promoted from HSST. The second Principal, Sri. E.P. Satheesan, was also promoted from HSST and he is due to retire on 30.04.2025. 2. Hence, vacancy that may arise by 30.04.2025 is to be filled up under by-transfer qualified Headmistress as per Rule of 4 (1) (2) (iii) Chapter XXXII KER. But, Sri. Satheesan entered on leave preparatory to retirement from 01.04.2025. The Manager, as per his letter dated 25.03.2025, has called for the Service Book of the petitioner for considering the petitioner W.P.(C)No.14068 of 2025 :4: 2025:KER:29400 for promotion as the Principal against the retirement vacancy of Principal that may arise by 30.04.2025. 3. The petitioner, thereupon, has submitted the copy of the Service Book, Postgraduate Degree Certificate with the mark list to the Manager on 26.03.2025, as the original Service Book is with the DEO, Alappuzha, as the DEO is the custodian of Service Book of the Headmistress. On 29.03.2025, the Manager has informed the petitioner that she can't be considered for promotion to the post of the Principal against the vacancy from 01.04.2025. 4. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 5. As against the denial of promotion to the post of Principal, the petitioner has preferred Ext.P12 appeal before the 3rd respondent-Regional Deputy Director of Higher W.P.(C)No.14068 of 2025 :5: 2025:KER:29400 Secondary Education invoking the provisions of Rule 44 (2) of Chapter XIVA of Kerala Education Rules. As Ext.P12 is a statutory appeal, the competent authority has to consider the same and take appropriate decision thereon expeditiously. The writ petition is therefore disposed of directing the 3rd respondent to consider Ext.P12 appeal and pass appropriate orders thereon within a period of two months, after giving an opportunity of hearing to the petitioner and respondents 4 and 5. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.14068 of 2025 :6: 2025:KER:29400 APPENDIX OF WP(C) 14068/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPROVAL ORDER NO. B1/6598/16/D.DIS. DATED 08/03/2017 OF THE DEO, ALAPPUZHA Exhibit P-2 TRUE COPY OF THE APPROVAL ORDER NO. B1/719144/2024 DATED 04.06.2024 OF THE DEO, ALAPPUZHA Exhibit P-3 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY ON CADRE PROMOTION ALONG WITH ORDER NO. DEOALP/2968/2024-B1 DATED 05/12/2024 OF THE DEO, ALAPPUZHA AS ALSO FORM OF OPTION Exhibit P-4 TRUE COPY OF THE DEGREE CERTIFICATE DATED 04/10/2012 OF THE ANNAMALAI UNIVERSITY Exhibit P-4 (a) TRUE COPY OF THE ELIGIBILITY CERTIFICATE NO. AC.C/105539/2015 DATED 23.03.2015 OF KERALA UNIVERSITY Exhibit P-5 TRUE COPY OF THE MARK LIST ISSUED BY THE ANNAMALAI UNIVERSITY Exhibit P-6 TRUE COPY OF THE CERTIFICATE IN ACCOUNT TEST LOWER DATED 03.03.2021 Exhibit P-7 TRUE COPY OF THE CERTIFICATE IN KERALA EDUCATION ACT AND RULES Exhibit P-8 TRUE COPY OF THE LETTER OF THE MANAGER DATED 25.03.2025 W.P.(C)No.14068 of 2025 :7: 2025:KER:29400 Exhibit P-9 TRUE COPY OF THE LETTER DATED 29.03.2025 OF THE MANAGER Exhibit P-10 TRUE COPY OF THE SUBMISSION (REPLY LETTER) DATED 30.03.2025 Exhibit P-11 TRUE COPY OF THE LETTER DATED 31.03.2025 OF THE MANAGER Exhibit P-12 TRUE COPY OF THE APPEAL PETITION DATED 01.04.2025 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P-13 TRUE COPY OF THE REPORTED DECISION IN MADHU ANAND H. V. STATE OF KERALA AND OTHERS (2022 (6) KHC 207)