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2026 Supreme(Online)(Ker) 21210

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


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

Table of Content
1. facts of appointment and qualifications (Para 1 , 2)
2. applicability of rte act to minority institutions (Para 3)
3. court's order for reconsideration of appointment (Para 4 , 6 , 8)

JUDGMENT

Dated this the 16th day of March, 2026 The petitioner states that he was appointed as HSA (Mathematics) at Fathima Memorial High School, Karinkallathani. The appointment of the petitioner was approved by the Department. The petitioner is having all necessary qualifications including the test qualifications conducted by the Kerala Public Service Commission for promotion to the post of Headmaster.

2. A vacancy of Headmaster arose at Fathima Memorial High School on 01.06.2025 and accordingly the petitioner was promoted to the said vacancy. The petitioner’s School was granted minority status by the National Council for Teacher Education.

3. The Constitution Bench of the Hon’ble Apex Court in Pramathi Educational and Cultural Trust and others v. Union of India [2014 KHC 4340] has held that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 will not apply to Minority Educational Institution. Later, two Bench judgment of the Hon’ble Apex Court in Anjum

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