The court recognized the validity of a Government Order affecting the appointment of teachers, emphasizing the need for fair consideration of claims under new circumstances.

JUDGMENT

Dated this the 27^th day of February, 2026

[W.P.(C) Nos.16792 & 27880 of 2025]

W.P.(C) No.16792 of 2025 has been filed by the petitioners, who are working as Teachers in various Schools by different managements, seeking the following reliefs:

(a) To issue a writ of certiorari or other appropriate writ, order or direction to quash Exts.P194 and P195 order/circular to the extent of imposing the condition that only after appointing or approving the appointment of differently abled candidates in the entire backlog vacancies reserved for them, the teachers appointed after 18.11.2018 are entitled for regular appointment and their service benefits, attached to regular post, since such condition will have the effect of violating the petitioners’ fundamental right under Articles 14, 16 and 21 of the Constitution;

(b) To direct the respondent educational officers of various districts to consider/reconsider the issue of grant of approval to the appointment of the petitioners and if the respective Managers have earmarked vacancies for accommodating PwD candidates and other parameters including submission of rosters and requisitions are complied with, then approval shall be granted to the appointment of the petitioners accordingly within a period fixed by this Hon’ble court.

(c) To issue a Writ of mandamus of other appropriate order or direction, directing respondents 3 to 32 to approve the appointment of the petitioners on regular time scale of pay in the respondent schools 33 to 74 with effect from the very first date of their appointments in their respective posts;

(d) Issue a writ of mandamus or other appropriate order or direction, directing the respondents to sanction and disburse entire arrears of salary and service benefits due to the petitioners in the regular scale of pay in the respondent schools 33 to 74 from the respective dates of their initial appointments in the respondent schools 33 to 74;

(e) To declare that applying the relevant provisions of the Kerala Education Rules Exts.P194 and P195 orders to the extent of not approving petitioner’s appointments in the respective posts on regular time scale of pay with effect from the very first date of their appointments to that posts are invalid in the eyes of law.

2. W.P.(C) No.27880 of 2025 also has been filed by the Teachers working in various Schools seeking the following reliefs:

(a) To issue a writ of certiorari or other appropriate writ, order or direction to quash Exts.P76 and P77 order/circular to the extent of imposing the condition that only after appointing or approving the appointment of differently abled candidates in the entire backlog vacancies reserved for them, the teachers appointed after 18.11.2018 are entitled for regular appointment and their service benefits, attached to regular post, since such condition will have the effect of violating the petitioners’ fundamental right under Articles 14, 16 and 21 of the Constitution;

(b) To direct the respondent educational officers of various districts to consider/reconsider the issue of grant of approval to the appointment of the petitioners and if the respective Managers have earmarked vacancies for accommodating PwD candidates and other parameters including submission of rosters and requisitions are complied with, then approval shall be granted to the appointment of the petitioners accordingly within a period fixed by this Hon’ble court;

(c) To issue a Writ of mandamus or other appropriate order or direction, directing respondents 3 to 15 to approve the appointment of the petitioners on regular time scale of pay in the respondent schools 16 to 32 with effect from the very first date of their appointments in their respective posts;

(d) Issue a writ of mandamus or other appropriate order or direction, directing the respon