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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
MEERA JOSE W/o. DIXON DAVIS LPST – Appellant
Versus
STATE OF KERALA – Respondent
Headnote: Read headnote
JUDGMENT :
(N. NAGARESH, J.)
The petitioner states that she was appointed as LPST on03.12.2021, as per Ext.P1 against a promotion vacancy when one Devika R was promoted as Headmistress with effect from 01.06.2020. The promotion of Smt. Devika R as Headmistress from 01.06.2020 was approved as per Ext.P4 order dated 21.10.2020.
2. The petitioner states that the approval for the petitioner’s appointment as LPST was rejected by the Assistant Educational Officer holding that proposals for approval of seven senior Teachers are pending and that PwD candidate was not appointed.
3. The petitioner states that the approval was granted subsequently to the appointment of the seven Teachers as per Ext.P3 series. Therefore, there is no reason why the petitioner’s appointment as LPST cannot be approved. The petitioner states that one Smt. Harsha was appointed was LPST on 01.09.2021. Smt. Harsha was appointed against the vacancy of Smt. Jani Joseph, who was promoted from the post of LPST to the post of HST (Physical Science). However, the promotion of Smt. Jani Joseph
The court established that the non-approval of junior appointments cannot impede the approval of senior appointments arising from promotions.
The court emphasized reconsideration of appointment approval based on newly acquired qualifications, independent of previous negative findings.
Government must consider pending representations and existing vacancies when approving appointments.
The court established that appointments made from reserved categories must be considered valid if they follow due procedure and are against clear vacancies, irrespective of subsequent changes in the ....
Unqualified appointments in government schools are invalid unless proper qualifications are met, ensuring adherence to statutory rules.
Approval of appointments must consider compliance with established regulations and timely adjudication of pending petitions.
A promoted position creates a regular vacancy that must be filled by the competent authority; approval cannot be denied on procedural grounds after established vacancy.
Promotion of an employee must comply with principles of natural justice, including providing a hearing before rejecting a promotion proposal, distinguishing between promotions and fresh appointments.
Promotion must be based on qualifications existing at the time of vacancy, per Rule 43, regardless of later qualifications or exemptions.
K-TET qualification is mandatory for teacher appointments, and exemptions can only be granted by the Central Government.
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