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2026 Supreme(Online)(Ker) 11552

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
SWAPNA.R – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 5145 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondents: SMT. V.A HARITHA

The court requires statutory petitions to be considered promptly, ensuring adherence to educational regulations regarding promotions.

Headnote:The court analyzed Rule 92 of Chapter XIV A of the Kerala Education Rules, noting the petitioner's qualification for HM promotion denied on seniority grounds. The court found the impugned orders illegal, directing the State to consider the revision petition regarding promotion approval ('Ext.P6'). The core issue was ensuring timely consideration of statutory petitions with a clear mandate for action within three months.

Table of Content
1. promotion denial based on seniority lists. (Para 1 , 2)
2. challenge to the legality of promotion denial. (Para 3 , 4 , 5)
3. order for timely consideration of revision petitions. (Para 6)

J U D G M E N T

Dated this the 13th day of February, 2026 The petitioner entered service in the School as HSA (Malayalam) from 01.06.2011. Being qualified, the petitioner was granted promotion as HM from 01.06.2025. Its approval was, however, declined by the DEO. Appeal was moved before the 2nd respondent. The DDE however rejected Ext.P4.

2. Ordinarily, Ext.P5 is to be assailed by the Manager through Samanwaya. But, it is not certain whether it would be taken up in revision appeal on time. Hence, the petitioner moved the Government with revision petition dated 05.02.2026. It is maintainable as per Ext.P6(a) judgment. Approval to the promotion of the petitioner as HM is declined both by the DEO as well as DDE on the specious plea of want of approved seniority list.

3. The petitioner submits that the petitioner is duly qualified for the post of High School HM. There are no other qualified senior hands under the Management for the HM post. Necessary declaration in that behalf is furnished by the Manager. In identical circumstances, the 4th respondent has granted approval to the promotion of another incumbent under the same Management as HM on the strength of declaration by the Manager as per order dated 10.05.2024.

4. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.

5. The petitioner would argue that the impugned orders declining approval of the petitioner's promotion as Headmaster is illegal as those orders are issued solely on the alleged non-approval of the seniority list, in spite of the fact that the Manager has furnished a statutory declaration regarding non-availability of any other qualified senior hand.

6. Be that as it may, from the pleadings, I find that the petitioner has preferred Ext.P6 revision petition before the 1st respondent invoking Rule 92 of Chapter XIV A of KER . As Ext.P6 is a statutory revision petition, it would be only just and proper that the 1st respondent considers the same and passes appropriate orders thereon in accordance with law within a reasonable time.

The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P6 and pass appropriate orders thereon within a period of three months after giving an opportunity of hearing to the petitioner.

Sd/-

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