IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
BINOY R – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 1638 OF 2026
| Table of Content |
|---|
| 1. eligibility based on qualifications. (Para 1 , 2) |
| 2. promotion rights based on service and qualifications. (Para 3 , 4 , 5) |
| 3. pending revision petition for consideration. (Para 6) |
| 4. court orders timely consideration of promotion. (Para 7 , 8 , 9) |
JUDGMENT Dated this the 15th day of January, 2026 The petitioner passed the Pre-Degree examination with Hindi as an additional language from the Kerala University during the year 1996-1997. He also obtained the Hindi Bhooshan and Hindi Sahithyacharya qualifications from the Kerala Hindi Prachara Sabha. Exts.P1 to P3 are the Certificates evidencing the same.
2. The petitioner is eligible and qualified to get appointment to the post of LG (Hindi) as per Chapter XXXI Rule 3(2)(iii) of KER taking into consideration the qualification covered in Exts.P1 to P3 and P5. The petitioner, being duly qualified, was appointed and got Ext.P4 approved service to the post of Probationary (Hindi) Teacher in the 5th respondent’s Aided Management School. The petitioner also acquired Ext.P5 Diploma in Hindi Teaching issued by the Board of Public Examinations.
3. The petitioner passed Exts.P6 and P7 Departmental Tests. The petitioner is the seniormost Teacher of the 5th respondent’s School, having 12 years of experience from 01.06.1999 and aspires to be promoted to the post of Headmaster as per Chapter XIVA, Rule 45 of KER . The post of Headmistress in the 5th respondent’s School arose on 01.06.2025. The 5th respondent appointed the petitioner as Teacher-in-Charge in the School from 02.06.2025.
4. The Government as per Ext.P7 ordered that the candidates passed two years Del.E Ed. can be considered as an equivalent qualification, who possesses Ext.P5 Hindi Teaching Diploma Examination. By Ext.P10 order, the Government modified Ext.P9 order and granted exemption to the candidates appointed to the post of language teachers in the School till 09.06.2024.
5. The Kerala University, by Ext.P11, recommended to grant recognition to the LTTC / Del E.Ed courses conducted by the Pareeksha Commissioner as equivalent to the B.Ed. Programme of the University of Kerala. In view of Exts.P1 to P11, the petitioner is fully qualified and eligible to get promotion to the post of Headmaster in the 5th respondent’s School from 02.06.2025. The 5th respondent, by Ext.P8 order, appointed the petitioner to the post of Headmaster in the School and forwarded the matter for approval to the 4th respondent through Samanwaya. It was not considered.
6. The petitioner submitted Ext.P13 Revision Petition before the Government under Chapter XIVA Rule 92 of KER and Chapter XIVC proviso to Rule 65 of , requesting to approve the appointment of the petitioner to the post of Headmaster in the School with effect from 02.06.2025.
The Revision Petition is pending for consideration.
7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. Notice to the 5th respondent is dispensed with in view of the nature of the relief to be granted in the writ petition.
8. The contention of the petitioner is that he is the seniormost Teacher from the 5th respondent’s School having 12 years of experience and the appointment of the petitioner is not approved.
9. From the pleadings, I find that the petitioner has preferred Ext.P13 Revision Petition in this regard before the 1st respondent. In the facts of the case, it would be only just and proper that the 1st respondent considers Ext.P13 and takes appropriate decision thereon within a reasonable time.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P13 and pass appropriate orders thereon within a period of four months after giving opportunity of hearing to the petitioner and the 5th respondent.
Sd/-
N.NAGARESH JUDGE spk APPENDIX OF WP(C) NO. 1638 OF 2026 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA DATED 14/8/1997 Ex
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