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2026 Supreme(Online)(Ker) 5871

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
UMAIBANU P. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R.K. MURALEEDHARAN, ATHIRA A.MENON, HARISANKAR K.V., ANUPAM KRISHNA NAMBIAR
For the Respondents: V. VENUGOPAL

Table of Content
1. overview of the petitioner's appointment and approval issues. (Para 1 , 2 , 3)
2. discussion of the rejection of approval and relevant legal provisions. (Para 5)
3. court's findings on the illegality of the rejection and procedural requirements. (Para 6 , 7 , 8)

JUDGMENT

Dated this the 27th day of January, 2026 The petitioner states that she was appointed as HST (Maths) in a retirement vacancy with effect from 16.07.2021 on retirement of Girija on 31.05.2020. The proposal for approval of appointment was rejected stating that the Manager has not appointed Protected Teacher in compliance of Rule 7(3) of Chapter XXI of KER. The appeal was also rejected. The Manager executed a declaration on 02.07.2024 by setting apart a vacancy. But the petitioner resigned on 07.05.2024 so as to join Economics and Statistics Department.

2. The 5th respondent reconsidered the proposal in the light of the direction of this Court in Ext P2 order along with 12 other Teachers and the proposal of the petitioner alone was rejected stating that she was not in service as on 02.07.2024. The appeal filed by the Manager with delay was rejected and the petitioner preferred an appeal before the 2nd

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