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2026 Supreme(Online)(Ker) 14570

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
THE CORPORATE MANAGER, CMS SCHOOL DIOCESE OF MADHYA KERALA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MANOJ RAMASWAMY, SMT.JOLIMA GEORGE, SMT.C.B.SABEELA, SMT.APARNA G., SMT.SHYLAKUMARI C.C., SMT.NAMITHA BABU
For the Respondents: SMT.V.A. HARITHA, GOVERNMENT PLEADER

JUDGMENT Dated this the 20th day of February, 2026 The petitioner is Corporate Manager of an Aided School governed by the Kerala Education Act and Rules. The writ petition challenges the illegal classification of a statutorily substituted LG (Hindi) post as an "additional post", resulting in denial of approval to the appointment of Smt.Aleyamma Cherian and consequential denial of salary and pensionary benefits.

2. For the Academic Year 2022-2023, one division in Standard VIII was reduced. In accordance with Chapter XXIII, Rule 6F of the Kerala Education Rules , 1959, Hindi periods in the Upper Primary and High School Sections were combined, which justified only an LG (Hindi) post instead of the earlier HST (Hindi) post. Thus, the change was a statutory substitution compelled by reduction in period strength.

3. The total sanctioned teaching posts decreased from 25 in the previous academic year to 23 in 2022-2023. Under Chapter XXI, Rule 7(2) of the Kerala Education Rules , 1959, teaching posts constitute a single unit and a post can be termed "additional" only if the total sanctioned strength increases. In the present case, there was a net reduction. Therefore, treating the LG (Hi

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