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2025 Supreme(Online)(KER) 6249

HIGH COURT OF KERALA
N. NAGARESH, J
GIGIMOL – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 1437/2025



Advocates:
For the Appellants/Petitioners: V.A. MUHAMMED, M.SAJJAD, P.A.JENZIA
For the Respondents: SRI.PREMCHAND R. NAIR

The court affirmed the right to reappointment under existing qualifications despite changes in regulations.

Headnote:The petitioner sought approval for reappointment under Rule 51A, which the Educational Officer denied insisting on K-TET qualification. The court found no justification for this insistence as the petitioner had prior approved service. The court directed the revisional authority to consider the pending revision petition and pass appropriate orders. The order of the court was to direct the 1st respondent to address Ext.P15 within four months.

JUDGMENT

Dated this the 31st day of January, 2025 The petitioner has got various spells of approved appointments under the 5th respondent-Manager. Hence, she was granted reappointment in par with Rule 51A claim and status. But, approval to the reappointment is declined by the Educational Officer denying preferential claim for reappointment as also requiring K-TET qualification. The petitioner has approved service prior to 2012 and hence, there is no justification for insisting on K-TET qualification for approval to her reappointment.

2. The petitioner could be granted approval relaxing upper age limit requirement provided as per G.O. (P).No.4/2021/GEDN dated 06.02.2021. Canvasing all these, the petitioner moved the Government requiring for exercising powers under Rule 3 Chapter I KER, so as to grant approval to the petitioner. The request is pending and long pendency of the same would result in extreme hardship to the petitioner, contends the petitioner.

3. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

4. The contention of the petitioner is that she has got approved service as born out from Ext.P2 and she has a preferential claim for appointment. It is in such circumstances that the Manager had granted the petitioner reappointment as per Exts.P3, P5 and P7. The Educational Officer has failed to appreciate the fact while considering the issue of the case.

5. Be that as it may, from the pleadings, I find that the petitioner has preferred Ext.P15 Revision petition before the 1st respondent. As the petitioner has invoked her statutory remedy, it would be only just and proper that the revisional authority considers Ext.P15 and pass appropriate orders in accordance with law.

The writ petition is accordingly disposed of directing the

1st respondent to consider and pass orders on Ext.P15 Revision Petition within four months, after granting opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH JUDGE SR APPENDIX OF WP(C) 1437/2025 PETITIONER'S EXHIBITS:

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 31.10.2003 Exhibit P-2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK (PAGE NO.15) OF HER DEPICTING THE APPROVAL OF APPOINTMENT OF THE AEO Exhibit P-3 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER VIDE NO.CS-220/2018 DATED

18-06-2018 Exhibit P-4 TRUE COPY OF ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA VIDE NO.C/11499/2019 DATED 12-11-2019 Exhibit P-5 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2019 Exhibit P-6 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA VIDE NO.C/11499/2019 DATED 12/11/2019 Exhibit P-7 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER VIDE NO.CS-95/2021 DATED 02-

08-2021 Exhibit P-8 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA VIDE ORDER NO.E/54599/2023 DATED 09-05-2024 Exhibit P-9 TRUE COPY OF G.O.(P) NO.2/2023/G.EDN DATED 23-01-2023 Exhibit P-10 TRUE COPY OF CIRCULAR NO.J3/80/2019/G.EDN DATED 20/08/2019 Exhibit P-11 TRUE COPY OF THE G.O.(P) NO.

244/12/G.EDN DATED 25-07-2012 Exhibit P-12 TRUE COPY OF THE NCTE NOTIFICATION NO.

F. NO. 61-112011INCTE(N&S) DATED 29-07-

2011 Exhibit P-13 TRUE COPY OF THE NCTE NOTIFICATION NO.F.NO.61-03/20/2010/NCTE/(N&S) DATED

23-10-2010 Exhibit P-14 TRUE COPY OF THE LETTER VIDE NO.CEAK/API/REV-RA/24-25 DATED 26-06-

2024 Exhibit P-15 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.11.2024.

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