Court mandates fresh consideration of teachers' appointments if no protected teachers are available, aligning with past rulings.

JUDGMENT

Dated this the 23^rd day of February, 2026

1. The Petitioners are the teachers of the School of the Respondent No.5 as HSA (Maths) and HSA (English) who were appointed on 01.06.2010. Since approval of their appointment was rejected, they submitted a Representation before the Respondent No.1 and the same was rejected by Ext.P6 Order holding that the Manager did not appoint protected teachers in view of G.O.(P) No.10/10/G.Edn dated 12.01.2010. This Writ Petition is filed challenging the Ext.P6 Order.

2. The contention of the learned Counsel for the Petitioners is that the Petitioners had raised a specific contention before the Respondent No.1 that no protected teachers in the cadre of HSA (Maths) and HSA (English) were available in Malappuram District for appointing them by the Manager and Ext.P6 Order was passed without considering the said contention. In view of the decision of this Court in Moosakutty Puthuvalappan v. District Educational Officer, Wandoor and Others [ 2009 (3) KHC 446 ], the appointment of teachers made in the additional vacancies is to be approved in the absence of any protected teacher in the educational sub-district.

3. On going through the Ext.P6 Order, it is seen that the Petitioners had raised a contention that no protected teachers were available in the cadre of HSA (Maths) and HSA (English) in Malappuram. The Respondent No.1 rejected the claim of the Petitioners without ascertaining whether protected teachers were available in the cadre of HSA (Maths) and HSA (English) in Malappuram District.

4. Hence, I dispose of this Writ Petition, setting aside the Ext.P6 Order, and directing the Respondent No.1 to consider the matter afresh within a period of three months from the date of receipt of a copy of this judgment in the light of the decision of this Court in Moosakutty Puthuvalappan (Supra), after ascertaining whether the protected teachers in the cadre of HSA (Maths) and HSA (English) were available in Malappuram District for the year 2010-2011.

Sd/-

M.A.ABDUL HAKHIM JUDGE