The Kerala Education Rules permit the category change for teachers, and the rejection of such changes must adhere to statutory obligations.

J U D G M E N T

Dated this the 27^th day of November, 2025 The petitioner states that he is the Manager of Vaikkilassery U.P. School. As per the Staff Fixation Order for the Academic Year 2023-2024, the petitioner's School had six class divisions in the Lower Primary (L.P.) section and eight class divisions in the Upper Primary (U.P.) section. Due to the required Teacher strength in the L.P. section, the petitioner submitted an application to the Director of General Education (DGE) requesting additional L.P.S.T. (Lower Primary School Teacher) posts.

2. Accordingly, the Department issued Order No.D/58575/2023 dated 20.09.2024, sanctioning two additional L.P.S.T. posts, thereby increasing the total sanctioned strength of L.P.S.T. posts in the School to eight. Two qualified U.P.S.T. Teachers, who fully possess the required academic and training qualifications for L.P.S.A., submitted their consent letters to the petitioner for voluntary category change from U.P.S.T. to sanctioned L.P.S.A. post, along with the approval of the Head Teacher, contemplated under Rules 7(2), 43, and 34(b) of the Kerala Education Rules ( KER ) and as per G.O. (Rt) No.275/2021/P&V dated

06.12.2021 for academic arrangement.

3. But, the 3^rd respondent - Assistant Educational Officer rejected the category change on the ground that application for category change is a violation of the KER and the Government orders and stated that no Government orders are available for category changes. Moreover, the provisions under Rule 7(2), Chapter XXI regarding Protected Teachers are applicable to the petitioner.

4. The petitioner submits that the Kerala Education Rules allow permanent category change of Teachers from one category to another (UPST to LPST) and Rule 34(b) specifies that the Teacher becomes junior in the new category. The necessary documents, including the consent letter and the Principal's approval, were submitted to the AEO and the category change was legally carried out. The Hon'ble Apex Court ordered stay in Civil Appeal No. 3490/2016 on 07.04.2016, in favour of the petitioner. Therefore, the provisions under Rule 7(2), Chapter XXI KER regarding Protected Teachers are inapplicable. Therefore, the Manager is fully competent to effect new appointments in additional posts.

5. According to G.O. (Rt) No.275/2021/P&V, dated 06.12.2021, category changes have been allowed for appointments made after 16.09.2009. The order also specifies that when approving a category change, priority must be given to Protected Teachers under Rules 51A and 51B and such Teachers must be considered before making the category change. There are no Protected Teachers (under Rules 51A/51B) in the petitioner’s School, either in the protected or unprotected category. As against the same, the petitioner has preferred a revision petition before the Director of General Education (DGE) dated on 20.10.2025, which is pending consideration, contends the petitioner.

6. Heard

7. The petitioner is aggrieved by Ext.P2 order.

The petitioner has filed Ext.P3 revision petition invoking Rule 8A of Chapter XIV A of the KER . The limited prayer of the petitioner is to direct the respondents to consider Ext.P3 revision petition in accordance with law and pass orders within a reasonable time. Ext.P3 revision petition being a statutory revision petition, it has to be considered by the competent revisional authority within a reasonable time.

The writ petition is therefore disposed of directing the 2^nd respondent to consider Ext.P3 revision petition and pass appropriate orders thereon within a period of three months after giving an opportunity of hearing to the petitioner and other affected parties, if any.