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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
Usha Rani C.S. W/o. Suresh R. Menon - Appellant
Versus
State Of Kerala Represented By The Secretary To Government - Respondent
WP(C) NO. 17673 OF 2023
Decided on : 06-02-2026
There is a general legal principle that a counterclaim can be abated if the necessary parties, such as legal heirs, are not brought into the proceeding when their presence is essential for the complete adjudication of the dispute. The failure to implead or include the legal heirs may result in the abatement of the counterclaim because the court considers the claim incomplete or not properly prosecuted without their participation. This is particularly applicable when the legal heirs have a vital interest in the matter, and their omission prevents the court from rendering a comprehensive judgment. The absence of necessary parties can be viewed as a procedural deficiency that warrants the abatement of the counterclaim until proper steps are taken to include all relevant parties (!) (!) .
| Table of Content |
|---|
| 1. petitioners contest appointment based on seniority. (Para 1 , 2 , 3) |
| 2. legal requirements for transfer and promotion inquiries. (Para 4 , 5 , 6 , 13) |
| 3. arguing qualifications relevant to the positions. (Para 7 , 8 , 9) |
| 4. court's authority on appointment decisions. (Para 10 , 12 , 14) |
| 5. regulatory stipulations governing principal appointments. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
N. NAGARESH, J.
1. W.P.(C) No.17673/2023 has been filed by the petitioner, who is a Higher Secondary School Teacher (Chemistry) in Brahmanandodayam Higher Secondary School, Kalady, seeking to declare that the petitioner has a statutory right under Rules 4 and 5 of Chapter XXXII KER to be considered for appointment as Principal of the 4th respondent-Higher Secondary School in the resultant vacancy of Smt. Sandhya T. retiring on 31.03.2023.
2. W.P.(C) No.3753/2025 has been filed by the 5th respondent in W.P.(C) No.17673/2023, who is working as Headmaster in the High School Section of the same Higher Secondary School, seeking to set aside Ext.P7 and to declare that Ext.P7 Kerala Education (Amendment) Rules, 2024 will not govern the appointment of the petitioner against the vacancy of Principal arisen on 01.06.2023.
3. W.P.(C) No.32282/2025 has been filed by the very same 5th respondent seeking to direct the 4th respondent to appoint the petitioner as Principal with effect from 01.06.2025 and to direct the 3rd respondent-RDD to approve the appointment with effect from 01.06.2025. The parties and exhibits in the writ petitions are referred to as they are described/marked in W.P.(C) No.17673/2023 for convenience.
4. The petitioner in W.P.(C) No.17673/2023 states that she is working as HSST with effect from 14.08.2000 and has 23 years of service. A vacancy of Principal arose in the School on 01.06.2023 consequent to the retirement of Smt. Sandhya. The petitioner would urge that she is the seniormost HSST qualified for appointment as Principal. The 5th respondent and three other Vice Principals of various Higher Secondary Schools filed W.P.(C) No.16328/2023 challenging Ext.P4 G.O. dated 03.05.2023 which ordered that 8 hours teaching is compulsory for Higher Secondary School Principals. This Court, by interim order dated 24.05.2023, directed to consider to appoint the 5th respondent against the next arising vacancy as per Ext.P5. The petitioner contends that the 5th respondent has only two years service as Headmaster while the petitioner is having 23 years of service as HSST. The petitioner states that the Manager is considering only the 5th respondent for appointment as Principal treating the interim order as a mandatory order.
5. The petitioner states that the post of Headmaster is not existing in an upgraded High School as Higher Secondary School. The petitioner submits that in view of the statutory amendment in KER brought into force with effect from 21.05.2019, the post of Headmaster is not existing. The petitioner being the seniormost HSST has to be appointed as Principal irrespective of the fact that the 5th respondent was Headmaster of the High School.
6. During the pendency of W.P.(C) No.17673/2023, the 5th respondent filed W.P.(C) No.3753/2025. The 5th respondent stated that he is the Headmaster of the High School Section and is fully qualified and eligible for by-transfer appointment as Principal in the Higher Secondary School as per the unamended Rules 4 and 6 of Chapter XXXII KER. The method of appointment and qualification for appointment to the post in Aided Higher Secondary Schools is governed by Chapter XXXII . As per Rule 4(1) of Chapter XXXII, the method of appointment to the post of Principal is by promotion from the post of HSST or by-transfer from qualified Headmasters. Note (iii) provides that the method of appointment shall be in the ratio 2:1 between promotion and by-transfer.
7. The 5th respondent holds MA History with 50% marks. He has B.Ed and has passed SET. He has 12 years of service in the cadre of HST. The 5th respo
The court affirmed that appointment to Principal positions in Higher Secondary Schools must align teaching subject qualifications with available posts, emphasizing statutory rights of senior teachers....
The appointment of a Principal in Higher Secondary Schools under Chapter XXXII KER depends on existing subject availability and qualification, not solely on seniority.
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
Point of law : Rule 4 of Chapter XXXII of the KER make it obligatory to fill up the post of Principal from among qualified HSSTs and Headmaster/Headmistress of the High School in the ratio of 2:1. Th....
The lack of a vacancy in a specific teaching subject in the Higher Secondary section does not disqualify an eligible Headmaster from appointment by transfer as Principal under the Kerala Education Ru....
As per Rule 37 of Chapter XIV(A) of KER seniority of a teacher in any grade/in any unit shall be decided with reference to length of continuous service in that grade/in that unit provided he is duly ....
When one examines Chapter XXXII of the KER, it is without doubt that when there are no other candidates available, a LPST/UPST is certainly entitled to be appointed to the post of HSST (Jr)/HSST
In school service under the relevant education rules, seniority in the teacher cadre is determined by the date of initial appointment to the junior teacher position, as this is not a promotional post....
Rule 44 reads as appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared.
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.
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