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2026 Supreme(Online)(Ker) 16016

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
INDU R – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.MOHANLAL, SMT.P.S.PREETHA, SRI.ASWIN V. NAIR, SRI.KARTHIK J SEKHAR, SRI.MOTTY JIBY, VASUDEVAN, SRI.ABIJITH M., SMT.AVANI NAIR, SMT.JAYAPRABHA ARJUN, SMT.PRAVEENA T.
For the Respondents: SRI.SHINE N.S., SRI.PREMCHAND R. NAIR, SR GOVERNMENT PLEADER

Table of Content
1. approval for teacher's position challenged. (Para 1 , 2 , 3 , 4 , 5)
2. arguments on non-approval based on manager's failure. (Para 6 , 7 , 8 , 9)
3. court directs reconsideration of approval due to errors. (Para 10 , 11)

JUDGMENT Dated this the 5th day of March, 2026 The petitioner is before this Court challenging Exts.P2, P3, P9 and P13 orders. The petitioner, being duly qualified, was appointed to the post of UPST in the 6th respondent’s Aided Management School for the period from 01.10.2021 to 31.05.2024 against the vacancy that arose due to the Leave Without Allowance (LWA) availed by Smt.Deepa B. Pillai, UPSA, for the period from 02.06.2020 to 31.05.2024. The petitioner has been working in the School pursuant to Ext.P1 Appointment Order issued by the

6th respondent.

2. Approval to Ext.P1 appointment was rejected by the respondents as per Exts.P2, P3 and P9 orders on the ground that the leave period of Smt.Deepa B. Pillai from 02.06.2020 to 31.05.2023 had not been sanctioned. It was further stated that the Manager had not appointed a protected Teacher from the Teachers’ Bank in the vacancy held by the petitioner as mandated under Chapter XXI, Rule 7 of the Keral

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