2025:KER:27994 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 30783 OF 2024 PETITIONER: LEKSHMI R AGED 42 YEARS D/O.K.P. RADHAKRISHNA PILLAI, CHAROOR VAISAKH, KAITHA NORTH, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690106 BY ADVS. P.CHANDRASEKHAR C.RAMAN ANOOP KRISHNA ANAND SANKAR REGIMOL M.K. PRATHEEKSHA RAJ JENNY THANKAM RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, GOVT. OF KERALA, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION CHENGANNUR, THAMBAYATHIL BUILDING, NEAR RAILWAY STATION, CHENGANNUR, PIN - 689121 2025:KER:27994 WP(C) No.30783 of 2024 2 3 THE MANAGER HIGHER SECONDARY SCHOOL, CHETTIKULANGARA, ALAPPUZHA, PIN – 690106 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27994 WP(C) No.30783 of 2024 3 JUDGMENT Dated this the 2nd day of April, 2025 The petitioner has been appointed by-transfer as Probationary Higher Secondary School Teacher (Physics) in Chettikulangara Higher Secondary School, by the 3rd respondent, which arose due to promotion of Smt. Sreekala as Principal. He sent appointment order along with statement of change of staff and other requisite documents for approval of the 2nd respondent. 2. The petitioner joined Chettikulangara High School as High School Assistant with effect from 02.07.2007. She has continuous qualified approved service as HSA (Physics) with effect from 02.07.2007. There are 12 Teachers in Chettikulangara Higher Secondary School. Of the 12 Teachers appointed after upgradation of Chettikulangara High 2025:KER:27994 WP(C) No.30783 of 2024 4 School as Chettikulangara Higher Secondary School, Smt. Rajasree S. was appointed directly as Principal from the post of HST since she was qualified seniormost HSA. She has never been appointed as Higher Secondary School Teacher. Smt. Rajasree was appointed as Principal. The appointment has been approved by the 2nd respondent. By virtue of her appointment as Principal she has been exempted from class duty as HSST. 3. Smt. Rajani R., (HSST Malayalam), Smt. Preethi P. (HSST Economics), Smt. Reshmi Pillai (HSST Commerce), Smt. Remya C. Pillai (HSST Chemistry) and Sri. Krishna Prasad (HSST Computer Science) were appointed as HSST by direct recruitment. Smt. Sheeba P.S. was appointed by-transfer as HSST (Maths) and her appointment has been approved as per order dated 31.07.2024 by the 2nd respondent. Smt. Bijani has been appointed as HSST (English) by-transfer. Smt. Lekshmi R. 2025:KER:27994 WP(C) No.30783 of 2024 5 has been appointed as HSST (Physics). Smt. Divya has been appointed HSST (Zoology) by direct recruitment. Smt. Rethi R. HSST (Botany) has been appointed by direct recruitment. Smt. Midhuna G. Nair has been appointed HSST (Commerce) by direct recruitment. 4. Thus, out of 11 Higher Secondary School Teachers, eight have been appointed by direct recruitment. The ratio for appointment as HSST as per Rule 4(2) of Chapter XXXII of KER is 1:3 by direct recruitment. Of the 11 Higher Secondary School Teachers, three namely, Smt. Divya, Smt. Rethi R. and Smt. Midhuna G. Nair are directly recruited Teachers. Remaining eight HSST, first five have been directly recruited. Three alone are appointed by-transfer. Out of those three Teachers, appointments of the petitioner, Smt. Bijani A.K. and Smt. Sheeba P.S had been rejected. Appointment of Smt. Sheeba P.S. has been subsequently 2025:KER:27994 WP(C) No.30783 of 2024 6 approved. Smt. Sheeba is HSST (Maths). Smt. Bijani is HSST English. She was appointed in the retirement vacancy of Smt. Kamala Devi who was HSST (English) in the School. 5. The petitioner submits that the 2nd respondent as per order dated 02.08.2024, has declined to approve the appointment as HSST (Physics). However, the 2nd respondent approved appointment of Smt. Bijani, who was appointed as HSST (English) in a vacancy which arose due to retirement of Smt. Kamala Devi (HSST English) was appointed HSST (English) by-transfer. This is highly arbitrary and discriminatory. The rule which provides that the vacancies of HSST are to be apportioned 1 :3 between transferees and direct recruitees is arbitrary. The rule that in the case of HSST appointment is to be made vacancy wise and that of HSST (Junior) is to be made post wise is also arbitrary and unreasonable. The petitioner therefore challenges Rule 4(2) of 2025:KER:27994 WP(C) No.30783 of 2024 7 Chapter XXXII of KER. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. 7. According to the petitioner, granting approval to the appointment as HSST (English) while refusing approval of appointment of the petitioner, is highly illegal and arbitrary. The impugned order and Ext.P5 is opposed to the purpose and intent of Kerala Education Act. 8. Be that as it may, from the pleadings, I find that aggrieved by Ext.P5, the petitioner has preferred Ext.P6 Revision Petition before the 1st respondent. Ext.P6 is a statutory revision petition. Therefore, it would be only appropriate that the revisional authority considers Ext.P6 Revision Petition and passes appropriate orders within a reasonable time. 2025:KER:27994 WP(C) No.30783 of 2024 8 The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P6 Revision Petition and pass appropriate orders thereon, within a period of four months, after giving opportunity of hearing to the petitioner. Pending resolution of the issue, the petitioner will be paid salary applicable to the lower post. Sd/- N.NAGARESH JUDGE spk 2025:KER:27994 WP(C) No.30783 of 2024 9 APPENDIX OF WP(C) 30783/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.32/2023 DATED 01-06-2023 OF THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF HSS CHETTIKULANGARA STAFF Exhibit P3 A TRUE COPY OF THE STAFF LIST OF HSS CHETTIKULANGARA Exhibit P4 A TRUE COPY OF COMBINED SENIORITY LIST OF TEACHERS IN HSS CHETTIKULANGAR Exhibit P5 TRUE COPY OF ORDER NO:RDD/HSE/CNGR/ 843/2023-C3 DATED 02-08-2024 Exhibit P6 A TRUE COPY OF THE REVISION PETITION DATED 15-08-2024 OF THE PETITIONER TO THE 1ST RESPONDENT ALONG WITH COVERING LETTER AND POSTAL RECEIPTS