IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Corporate Manager, CMS Schools, Diocese Of Madhya Kerala (CSI) – Petitioner
Versus
State of Kerala, Represented By Its Secretary, General Education Department – Respondent
WP(C) No. 3501 of 2025, WP(C) No. 3546 OF 2025, WP(C) No. 3584 Of 2025, WP(C) No. 6890 Of 2025
Decided On : 13-02-2026
| Table of Content |
|---|
| 1. overview of case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. details of appointments and claims. (Para 5 , 6 , 10) |
| 3. claims and counterclaims regarding appointments. (Para 7 , 8 , 9 , 11) |
| 4. arguments regarding appointment legality. (Para 12 , 13 , 14 , 15 , 16) |
| 5. court's analysis on appointment process. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. final remarks on aswathy alex's claim. (Para 24) |
| 7. judgment conclusion and orders. (Para 25) |
JUDGMENT :
N.NAGARESH, J.
All these writ petitions relate to appointment to the post of HSST Junior (Zoology) in the BMHSS, Kottayam and appointment to the post of HSST (Zoology) in BHHSS, Mavelikkara. Hence, they are heard together and disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are described/marked in W.P.(C)No.3501/2025, for convenience.
2. Corporate Manager of CMS Schools, Kottayam is the petitioner in W.P.(C) No.3501/2025. The petitioner seeks to set aside Ext.P17 order dated 18.12.2024 of the 1st respondent-State of Kerala and to direct the 4th respondent-Regional Deputy Director to approve the appointment of the 5th respondent as HSST Junior (Zoology) in BMGHSS, Kottayam with effect from 06.06.2019 and as HSST (Zoology) in BHHSS, Mavelikkara with effect from 01.06.2020.
3. W.P.(C) No.3546/2025 is filed by the 5th respondent (who is presently working as HSST under the petitioner) in W.P.(C) No.3501/2025 seeking the same relief. W.P.(C) No.3584/2025 is filed by the 6th respondent in W.P.(C) No.3501/2025 and who was appointed as HSST Junior under the petitioner, seeking to approve the appointment of the 6th respondent as HSST Junior (Zoology) from 06.06.2019 and HSST (Zoology) from 01.06.2022 in implementation of Ext.P17 order.
4. W.P.(C) No.6890/2025 has been filed by one Aswathy Alex, who is also working as HSST (Zoology) in CMS HSS, Mallappally seeking to quash order dated 10.01.2025 to the extent of refusing to approve her appointment, from 11.07.2023.
5. The petitioner in W.P.(C) No.3501/2025 states that he is the Corporate Manager of CMS Schools, a corporate educational agency of CSI Madhyakerala Dioceses, Kottayam. The educational agency runs a number of Schools. When a vacancy of HSST Junior (Zoology) arose in BMHSS, Kottayam on 01.06.2017 consequent to the promotion of Smt. Elizabeth Mathew, a notification was issued. Another vacancy of HSST (Zoology) arose in BHHSS, Mavelikkara consequent to the transfer of Smt. Elizabeth Mathew, HSST (Zoology) to BMGHSS, Kottayam. Ext.P2 notification dated 15.06.2018 was published to fill up the said post.
6. The 5th respondent submitted Ext.P4 application and the 6th respondent submitted Ext.P3 application. The 5th respondent had prior experience as Guest Lecturer and Teacher in various Colleges/Schools. Selection Committee constituted had a nominee who was Additional Secretary to Government. In the interview conducted, the 5th respondent stood at rank No.1 and the 6th respondent stood at rank No.2.
7. Therefore, the 5th respondent was appointed as HSST (Zoology) in BHHSS, Mavelikkara and the 6th respondent was appointed as HSST Junior (Zoology) in BMHSS, Kottayam. While so, one Smt. Susan Goerge, HSST (Natural Science), BIGHSS, Pallom raised a claim for by- transfer appointment to the post of HSST Junior (Zoology) submitting an application dated 14.06.2019. She also claimed appointment by transfer to the post of HSST (Zoology), against the post to which the 5th respondent was appointed.
8. The 4th respondent heard the petitioner and the 6th respondent and directed the petitioner to make by- transfer appointment to the post of HSST Junior in BMGHSS, Kottayam. The 3rd respondent also considered the claim raised by Susan George for appointment to the post of HSST (Zoology) in BHHSS, Mavelikkara in which the 5th respondent was appointed. The 3rd respondent ordered by-transfer appointment against the said vacancy.
9. Though the petitioner challenged the two orders passed in favour of the sai
Appointment procedures must adhere to regulations ensuring transparency and clarity to avoid disputes over seniority and qualifications.
Merely highlighting the manner in which the statutory rules and the discriminating consequences which may arise if the same is wrongly construed. Under no circumstances can her claim be rejected on t....
The appointment of the 7th respondent as HSST (Jr) was determined to be a by transfer appointment, impacting the petitioners' job security.
The court affirmed that the appointment of the teacher in question is by transfer under educational rules, validating the procedure and dismissing claims of incompetence based on probation status.
The 25% quota for By-transfer appointments must apply to total sanctioned posts, not to vacancies, as per Rule 4(3) of the Kerala Education Rules.
The 25% quota for By-transfer appointments must be applied to the sanctioned strength of posts rather than arising vacancies.
The appointment of a teacher to an unsanctioned post is void; creation of posts follows governmental policy decisions based on financial constraints and student enrollment as mandated by statutory re....
Expression “subject to seniority and suitability,” observed that expression does not mean comparative assessment of suitability and it only means suitability for particular post and suitability is re....
The requirement for contemporaneous documentation in employment appointment cases is essential; lack of genuine records can invalidate administrative decisions.
Unqualified appointments in government schools are invalid unless proper qualifications are met, ensuring adherence to statutory rules.
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