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2026 Supreme(Online)(Ker) 13652

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
BINDHU S. R. – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 27264 OF 2023



Advocates:
For the Appellants/Petitioners: DR.GEORGE ABRAHAM, SRI.JOBY D JOSEPH, SMT.MARY CATHERINE PRIYANKA P.S.
For the Respondents: SMT.SYLAJA S.L., GOVERNMENT PLEADER

Eligibility for teaching positions must consider subsequent qualifications and compliance with relevant regulations.

Headnote:The petitioner contested her appointment as a Part-Time Hindi Teacher based on the rejection of eligibility under Rule 51A of the Kerala Education Rules, 1959. The court instructed the Government to reconsider her case after acknowledging her subsequent qualification. The previous orders rejecting her claim were annulled. Resultantly, the orders at Exts.P3, P4, P5, P8 & P9 were set aside, directing expedited reconsideration within three months.

Table of Content
1. initial appointment details and the context of rejection. (Para 1)
2. argument for reconsideration based on new qualifications. (Para 2 , 3 , 4)
3. final ruling to set aside previous orders. (Para 5)

J U D G M E N T

The petitioner was appointed as a Part-Time Hindi Teacher, in the school managed by the 5th respondent herein, as per Ext.P1 dated 08.11.2001. The appointment of the petitioner was rejected by the Assistant Educational Officer by Ext.P3 order, which stood confirmed by the order of the District Educational Officer, Pala, at Ext.P4. The 5th respondent Manager, on behalf of the petitioner, preferred a revision petition, which was rejected by Ext.P5 order of the Additional Director of General Education. The order at Ext.P3 ultimately stood confirmed by the Government through Ext.P8 dated 19.11.2022. Thereafter, Ext.P9 was issued, once again rejecting the petitioner’s appointment.

2. Heard Smt.Mary Catherine Priyanka P.S., the learned counsel, representing Dr.George Abraham, the learned counsel for the petitioner, as well as Smt.Sylaja S.L., the learned Government Pleader.

3. Essentially, a claim made by the petitioner with reference to the provisions of Rule 51A of Chapter XIVA of Kerala Education Rules , 1959 ( KER ), was rejected while issuing the orders at Exts.P3, P4, P5, P8 & P9 as above. The claim was so rejected, mainly because the petitioner had not cleared the Kerala Teacher Eligibility Test (KTET) and since the petitioner did not have the required engagement for the period as required by the statute.

4. The learned counsel for the petitioner brings to the notice of this Court the subsequent acquisition of KTET by Ext.P12. Similarly, as regards the requirement for the age relaxation claimed by the petitioner, the learned counsel relies on Ext.P10 Government Order dated 06.02.2021. In the light of the contents of the Government Order as above, as well as the subsequent clearance of the KTET by the petitioner, I am of the opinion that the matter requires reconsideration at the hands of the Government.

5. Therefore, the orders at Exts.P3, P4, P5, P8 & P9 would set aside. There will be a direction to the Government to reconsider the issue afresh, in the light of the observations of this Court as above. Orders as above shall be issued, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

This writ petition would stand disposed of as above.

Sd/-

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