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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Basil Benny S/o Benny P.P. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. These two writ petitions have been filed by an Upper Primary School Teacher (UPST) working in Mar Basil Vocational Higher Secondary School, Senapathy, Idukki. The parties and exhibits are referred to in this judgment as they are described/marked in W.P. (C) No.1863/2025, for convenience. The petitioner states that he was appointed as UPST and his appointment was approved as per order dated 14.05.2024 with effect from 14.07.2022.
2. The 5th respondent, another Teacher, filed a revision petition against the rejection of her approval of appointment. The 1st respondent-State found that the rejection of approval of the appointment of the 5th respondent is illegal and that she is entitled for approval with effect from the date of her appointment. Consequently, the approval of appointment granted to the 4th respondent was cancelled. The approval granted to the appointment of the petitioner was not cancelled or modified by the 1st respondent in Ext.P1.
3. Coming to know of Ext.P1, the petitioner submitted Ext.P2 representation dated 04.12.2024 to the 2nd respondent-DEO. A representation was submitted to the 3rd respondent-Manager also. The 3th respondent, without considering the
Termination of a junior teacher's service is lawful when necessary to accommodate a senior teacher, in accordance with the Kerala Education Act and seniority rules.
K-TET qualification is mandatory for teacher appointments, and exemptions can only be granted by the Central Government.
Approval for promotions must be granted in accordance with statutory requirements and principles of equality.
Teachers appointed against regular vacancies must receive approval regardless of when the appointment occurred within the academic year.
Procedural fairness must be observed in appointment approvals under educational regulations.
Claims regarding employment rights require specific instances and the involvement of parties directly concerned to be valid for court consideration.
The Education Officer's order cancelling the approval to the petitioner's appointment was illegal and led to the petitioner's wrongful termination, warranting the court's intervention and relief to t....
The Court established that denying approval for a school teacher's appointment based on procedural non-compliance without statutory basis violates principles of natural justice.
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