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2026 Supreme(Online)(Ker) 16003

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
MOHAMED ASHRAF.P – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 1089 OF 2026



Advocates:
For the Appellants/Petitioners: DR.GEORGE ABRAHAM, SMT.MARY CATHERINE, PRIYANKA P.S., SRI.ALEX TOM JOSEPH
For the Respondents: SMT.V.A.HARITHA

KTET qualification is not mandatory for Headmaster appointments as per relevant statutes and communications.

Headnote:The petitioner, appointed as HSA (Mathematics) and later promoted to Headmaster, seeks approval for his post and salary from 01.06.2025. The District Educational Officer declined approval based on KTET qualification reference from a Supreme Court decision. The court notes that KTET is not mandated for the Headmaster post as per the communication and regulations cited. The rejection by the District Educational Officer is set aside, and the application for approval must be reconsidered expeditiously. The writ petition is disposed of as above.

Table of Content
1. the petitioner seeks approval for promotion without ktet. (Para 1 , 2 , 3 , 6)
2. the court finds rejection based on ktet unsustainable. (Para 4 , 8)
3. the approval request must be reconsidered by the relevant authority. (Para 9)

J U D G M E N T

Dated this the 5th day of March, 2026 The petitioner was appointed as HSA (Mathematics) on 15.07.1993. The petitioner was promoted as Headmaster on 01.06.2025. Though the petitioner is promoted as Headmaster, approval has not been accorded to the appointment. The petitioner has therefore filed this writ petition seeking to quash Ext.P7 order and to direct the respondents to approve the appointment of the petitioner as Headmaster with effect from 01.06.2025 onwards and to release salary and other monetary benefits to the petitioner.

2. Ext.P7 is the order by which the District Educational Officer has rejected approval to the appointment of the petitioner as Headmaster. Ext.P7 would indicate that the approval has been declined by the District Educational Officer holding that KTET is a necessary qualification in Aided Schools for any appointments of Teachers, as observed by the Hon'ble Apex Court in the order dated 01.09.2025 in Civil Appeal No.1385/2025.

3. The petitioner states that the order of the Hon'ble Apex Court in Civil Appeal No.1385/2025 does not mandate KTET as a qualification for promotion to the post of Headmaster.

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

5. Ext.P11 is a communication dated

16.12.2025 issued by the Government of Kerala. The communication relates to implementing reservation for physically disabled persons. However, Ext.P11 speaks of the requirement of KTET qualification. Ext.P11 states that for appointment to the post of LPST, KTET - I or KTET - II is mandatory and only those candidates who hold that qualification should be considered for appointment. As regards the appointment to the post of UPST, only those candidates who have passed KTET - II need be considered. As regards HST also, the Government has ordered that only candidates holding KTET - III can be considered for appointment. For appointment to the post of Language Teacher (LP and UP) and Specialist Teachers also, KTET is made mandatory. In Ext.P11, the Government has not ordered that KTET qualification is mandatory for appointment to the post of Headmaster.

6. Ext.P9 is a notification issued by the National Council For Teacher Education on 23.08.2010 prescribing minimum qualifications for appointment to the post of various categories of Teachers. Ext.P9 indicates that a Teacher appointed before 03.09.2001 in accordance with the prevailing Recruitment Rules, need not hold KTET qualification. The petitioner was appointed before

03.09.2001.

7. Ext.P10 is the National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-Primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014. Ext.P10 Regulations indicate that for appointments in the Secondary/High School (for Classes IX-X), the minimum academic and professional qualification prescribed is Graduate/Post Graduate from the recognised University with at least 50% marks in either Graduation or Post Graduation (or its equivalent) and Bachelor of Education (B.Ed.) from National Council for Teacher Education recognised institution. Ext.P10 also does not make holding of KTET qualification necessary for appointment in Secondary Schools and High Schools.

8. Taking into consideration all the afore statutory provisions and the communication of the Government of Kerala as contained in Ext.P11, I am of the view that the rejection of the request for approval of the petitioner as Headmaster with effect from 01.06.2025, as per Ext.P7 order of the District Educational Officer, is unsustainable.

9. Ext.P7 is therefore se

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