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2026 Supreme(Online)(Ker) 17329
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
THE MANAGER HIGHER SECONDARY SCHOOL, THIRUVALAYANNUR – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 35244 OF 2024
For the Appellants/Petitioners: SRI.BRIJESH MOHAN, SMT.RESMI G. NAIR
For the Respondents: ADV.SRI.V.VENUGOPAL, GOVERNMENT PLEADER
Delays in appointment approval must be addressed promptly to ensure compliance with educational employment protocols.
Headnote:The petition regarding the 2nd petitioner's appointment as Full Time Menial was beset by order rejections. Key findings include confirmation of senior promotions affecting approval. The court directed review of the delay application with a decisive timeline. 'The 2nd respondent to consider Ext.P13 application and decide within a month.' Key issues revolve around appointment approval and delays in processing promotion applications. The ruling emphasized urgency on appropriate decisions within stipulated periods.
| Table of Content |
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| 1. context of the writ petition regarding school appointment. (Para 1 , 2) |
| 2. decisions on delay in processing applications. (Para 3) |
J U D G M E N T
Dated this the 9th day of March, 2026 The Manager of Higher Secondary School, Thiruvalayannur, Vadakkekad, Thrissur, is the 1st petitioner in this writ petition. The 2nd petitioner is a Full Time Menial, who is working in the School since 05.02.2020.
2. The pleadings and arguments would indicate that the 2nd petitioner was appointed as Full Time Menial with effect from 05.02.2020 as per Ext.P1 order. Approval to the said appointment was rejected as per Ext.P2 order on the ground that approval has not been granted to the promotion of two of his seniors. Ext.P2 rejection was confirmed as per Exts.P3 to P5 orders also.
3. The petitioners state that as per Ext.P6 order dated 22.09.2024, the promotion of one of the seniors was approved. Consequently, the 1st petitioner-Manager shifted the 2nd petitioner to the said vacancy with effect from 01.06.2020 as per Ext.P11. However, the said appointment was also rejected by the educational authorities as per Ext.P12. Ext.P12 rejection was on the ground that there is delay in submitting the proposal in respect of the 2nd petitioner's appointment with effect from 01.06.2020. 4. The petitioners state that the 1st petitioner being the Manager of the School, has now preferred Ext.P13 application for condonation of delay in making the proposal. If that be so, the 4th respondent-District Educational Officer has to forward the same to the 2nd respondent-Director General of Education. The 2nd respondent will have to consider the same on its own merit.
In the afore circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P13 application for condonation submitted by the 1st petitioner and take appropriate decision thereon within a period of one month. Subject to the orders of the 2nd respondent and subject to the Manager curing all other defects, the 4th respondent-District Educational Officer shall consider grant of approval to Ext.P11 appointment within a further period of two months.
Sd/-
N. NAGARESH JUDGE ams APPENDIX OF WP(C) NO. 35244 OF 2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5-2-2020 ISSUED BY THE 1ST PETITIONER APPOINTING THE 2ND PETITIONER AS FULL TIME MENIAL Exhibit P2 TRUE COPY OF ORDER NO.B5/16115/2020 DATED 7-9-2020 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF ORDER NO.B4/212705/2020 DATED 8-2-2021 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF ORDER NO.EC5/233725/2021 DATED 17-9-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF GO(RT)NO.8187/2022/GEDN DATED 19- 12-2022 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF ORDER NO.B5/750901/2024 DATED 22-9- 2024 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF JUDGMENT DATED 19-8-
2024 OF THIS HON'BLE COURT IN WP(C)NO.20579/2024 Exhibit P8 TRUE COPY OF ORDER NO.DEOCKD/1816/
2025-85/DEO DATED 22-8-2025 ISSUED BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF GO(RT) NO.
5078/2025/GEDN DATED 2-8-2025 ISSUED BY THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF ORDER NO.85/877698/2025 DATED 17-11 -2025 ISSUED BY THE 4TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE APPOINMENT ORDER DATED 1-6-2020 IN RESPECT OF THE
2ND PETITIONER Exhibit P12 TRUE COPY OF ORDER NO.D5/914577/2025 DATED 23-12-2025 ISSUED BY THE 4TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE APPLICATION DATED
02.03.2026 SUBMITTED BY THE 1ST PETITIONER/1ST APPLICANT BEFORE THE
2ND RESPONDENT
