IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Chithralekha V – Appellant
Versus
RENJITHA P W/O. BINOOP U K – Respondent
WA NO. 2118 OF 2025
Decided on : 14-01-2026
| Table of Content |
|---|
| 1. factual background of the case (Para 2) |
| 2. parties' arguments on the appeal (Para 3 , 4) |
| 3. court's observation on the maintaining of the appeal (Para 5 , 11) |
| 4. analysis of relevant education rules and their application (Para 7 , 9 , 12 , 13 , 14) |
| 5. conclusion and directive for the director of general education (Para 15) |
JUDGMENT :
Anil K. Narendran, J.
1. The appellant is the 5th respondent in W.P.(C)No.23529 of 2025, which was one filed by the 1st respondent herein- petitioner, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Director of General Education to take up, consider and pass appropriate orders on Ext.P16 revision petition dated 07.05.2025 made by the petitioner, invoking the provisions under Rule 8A Chapter XIVA of the Kerala Education Rules, 1959 ( KER ), after adverting to Rule 45C of Chapter XIVA of , as expeditiously as possible; a writ of certiorari to quash Ext.P7 order dated 03.01.2025 and Ext.P15 order dated 28.04.2025 of the 4th respondent Assistant Educational Officer, Iritty, as they are illegal, arbitrary and in violation of the Rules in ; a declaration that the petitioner is eligible for promotion to the post of Headmistress of Thillenkeri U.P. School, Kannur District, as she is fully qualified for the said post as on the date of occurrence of vacancy, as per Ext.P1 order of appointment dated 01.06.2005, Ext.P2 order of approval dated 17.09.2019, Exts.P3 and P4 certificates of departmental tests; a writ of mandamus commanding the 4th respondent Assistant Educational Officer to promote the petitioner as Headmistress of Thillenkeri U.P. School from the date of occurrence of vacancy, i.e., 01.04.2022 forthwith; and a declaration that the 5th respondent in the writ petition, i.e., the appellant herein is not entitled to continue as Headmistress of Thillenkeri U.P. School, as she is not qualified for the post as on the date of occurrence of vacancy, i.e., 01.04.2022.
2. On 27.06.2025, when W.P.(C)No.23529 of 2025 came up for admission, the learned Single Judge disposed of the same, directing the 3rd respondent Director of General Education to decide Ext.P16 appeal [sic: revision petition] filed by the petitioner, in accordance with law, expeditiously, preferably within a period of three months.
3. Challenging the judgment dated 27.06.2025 of the learned Single Judge in W.P.(C)No.23529 of 2025, the appellant- 5th respondent is before this Court in this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958 . This writ appeal is one filed along with C.M.Application No.1 of 2025 seeking an order to condone the filing delay of 27 days, which was condoned by the order dated 18.11.2025.
4. Heard arguments of the learned counsel for the appellant-5th respondent, the learned counsel for the 1st respondent-petitioner and also the learned Senior Government Pleader for respondents 2 to 4.
5. The issue that requires consideration in this writ appeal is as to whether any interference is warranted in the direction contained in the judgment dated 24.06.2025 of the learned Single Judge in W.P.(C)No.23529 of 2025, whereby the Director of General Education has been directed to take a decision on Ext.P16 revision petition filed by the 1st respondent-writ petitioner, within a time limit specified in that judgment.
6. The argument advanced by the learned counsel for the appellant-5th respondent is that Ext.P16 revision petition filed by the 1st respondent-petitioner is not maintainable before the 3rd respondent Director of General Education. In such circumstances, the learned Single Judge went wrong in directing the said respondent to consider and pass orders on Ext.P16 revision petition.
7. On the other hand, the learned counsel for the 1st respondent-petitioner and also the learned Senior Government Pleader for respondents 2 to 4 would contend that the statutory remedy available to
The Director of General Education must consider a revision petition regarding appointment approvals under Rule 8A of the Kerala Education Rules, reaffirming the statutory rights of teachers in the ap....
The Government cannot review a revisional order; petitioners must explicitly challenge orders for the court to consider them.
A managing committee member working as teacher cannot claim appointment or promotion as Headmaster/Headmistress due to Rule 8 prohibition; writ court should decline interference when efficacious revi....
The statutory process under Kerala Education Rules must be followed for appeals against decisions by education authorities.
Procedural fairness must be observed in appointment approvals under educational regulations.
The competent authority must afford an opportunity of hearing to the petitioner before rejecting the proposal for approval of the appointment.
The court affirmed teachers over 50 years are exempt from qualification tests, ruling the denial of a qualified candidate's appointment as Headmaster was illegal and mandated payment of owed salary a....
Writ appeal disposed noting pending State revision, leaving contentions open.
The court upheld the implementation of an appointment as per the Kerala Education Rules following a settlement between disputing parties.
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