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2026 Supreme(Online)(Ker) 7765

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
P.V. Sujathan – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Poovamulle Parambil Abdul Kareem
For the Respondents: Sri Sunil Nath

J U D G M E N T

The petitioner, Principal of an Aided Higher Secondary School, who retired from service on 31.05.2022, has approached this Court seeking to challenge Ext.P11 order and also seeking a declaration that he is entitled to exemption from acquiring the test qualifications as he has already attained 50 years of age, at the time he was promoted as Principal, in view of Ext.P9 Judgment of this Court dated 20.02.2023 in W.P. (C) No.30668 of 2019.

2. I have heard Sri.Poovamulle Parambil Abdul Kareem , the learned Counsel for the petitioner, as well as Sri. Sunil Nath, the learned Government Pleader.

3. This Court notices that, in the earlier round of litigation, the petitioner had specifically pointed out that benefits were being extended to the Principals of Higher Secondary Schools who were similarly situated. The petitioner had therefore contended that he was being subjected to discrimination. Taking this contention into account, while passing Ext.P9 judgment, the Government was specifically directed to advert to the said aspect. Pursuant thereto, the impugned order at Ext.P11 was issued, essentially holding that although the exemption had been extended, since no retrospecti

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