Eligibility for appointment as Headmaster requires specific qualifications per education regulations, ultimately upheld by the court.

N. NAGARESH, J.

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W.P.(C) No.30780 of 2025 `````````````````````````````````````````````````````````````

Dated this the 26<sup>th</sup> day of November, 2025

J U D G M E N T

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The petitioner is Headmaster in Charge of Pappinisseri LP School, Pappinissery, Kannur. The petitioner seeks to quash Exts.P6, 10 and P13 and to declare that in the light of Rule 4(2) of Chapter XXXI KER , the petitioner is fully qualified to be appointed as Lowe Primary School Assistant in Pappinissery LP School and also to get approval for his appointment as HM with effect from 14.06.2022 considering his 22 years of approved service as LPST.

2. The petitioner holds BA Degree in Arabic and has passed Degree of BA (Afzal) Ul Ulama from Calicut University in the year 2000. A post of Arabic Teacher arose on 01.06.2005 and the petitioner was appointed as Arabic Teacher (Full Time) on 01.06.2005, as per Ext.P2. The petitioner acquired B.Ed and passed Account Test (Lower) and the Kerala Education Act and Rules Tests.

3. A vacancy of HM arose in the School with effect from 01.06.2022. The School is managed by the staff of the School. Though the appointment of the petitioner as LPST is approved by the 4<sup>th</sup> respondent, appointment of three other Teachers was approved only temporarily.

4. The petitioner was given the charge of HM with effect from 13.06.2022 by the AEO. The Manager requested the 4<sup>th</sup> respondent-AEO to approve the appointment of the petitioner as HM. The 4<sup>th</sup> respondent stated that the School has not produced approved seniority list as on 01.01.2022, that the relevant page of SSLC Book of the petitioner is not uploaded and that since the petitioner obtained B.Ed on 06.10.2001, after the cut off date 08.06.2000, appointment of the petitioner with B.Ed qualification cannot be approved.

5. The petitioner states that the afore objections were based on Ext.P7 GO dated 08.06.2000 and the said GO is not applicable to Arabic Teachers like the petitioner. The petitioner obtained Degree in Arabic and he was appointed as Arabic Assistant (FT), considering his qualifications.

6. The petitioner approached the Government filing Ext.P8 representation/revision dated 04.05.2023. This Court, as per Ext.P9 judgment dated 07.12.2024 in W.P.(C) No.43650/2024, closed the writ petition in the light of the order passed by the 1<sup>st</sup> respondent.

7. The petitioner states that the 1<sup>st</sup> respondent passed an order taking entirely a new reason for rejection of approval. The 1<sup>st</sup> respondent stated that the petitioner is not qualified to be appointed as HM. The said Ext.P10 order is illegal, contends the petitioner.

8. A post of Arabic Teacher has been sanctioned in the LP Section and the promoted Headmaster is expected to take classes as Arabic Teacher. By Ext.P13 communication, dated 08.08.2025, the 4<sup>th</sup> respondent-AEO has directed the Manager to handover the charge of HM to the next seniormost Teacher.

9. Later, the 4<sup>th</sup> respondent has passed Ext.P14 order dated 18.08.2025 appointing Smt. Jisha M.V. working as LPST stating that she is the seniormost. As per the seniority list, Smt. Jisha M.V. is only the third in seniority. The petitioner is the seniormost. Exts.P6, P10 and P13 orders are therefore liable to be set aside.

11. The 5<sup>th</sup> respondent stated that the challenge made by the petitioner against the appointment of the 5<sup>th</sup> respondent is unsustainable. The petitioner acquired B.Ed Degree only on 08.10.2001. Persons, who acquired B.Ed Degree after 08.06.2000, are not eligible to be appointed as LPST. The petitioner is therefore not eligible to be appointed as HM.

12. The 5<sup>th</sup> respondent was appointed as LPST on 01.11.2021 and h