State Of Kerala vs State Of Kerala
2021 Latest Caselaw 3113 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
                                      &
              THE HONOURABLE MR.JUSTICE GOPINATH P.
     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
                            WA.No.2223 OF 2019

  AGAINST THE JUDGMENT DATED 12-02-2018 N WP(C) 34841/2009(A) OF
                       HIGH COURT OF KERALA

APPELLANTS/RESPONDENTS 1 TO 4:

      1      STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

      2      THE DIRECTOR OF PUBLIC INSTRUCTION (EDUCATION),
             THIRUVANANTHAPURAM-695 033.

      3      THE DEPUTY DIRECTOR OF EDUCATION,
             ERNAKULAM, KAKKANAD-682 030.

      4      THE DISTRICT EDUCATIONAL OFFICER,
             MUVATTUPUZHA, PIN-686 661.

             BY SRI. A.J. VARGHEESE, SR. GOVERNMENT PLEADER
RESPONDENTS/PETITIONERS:

      1      C.K.SATHYAN,
             MANAGER, SNDP HSS, MUVATTUPUZHA, ERNAKULAM DISTRICT.

      2      ASHA GOPINATH,
             H.S.A (HINDI) SNDP HSS, MUVATTUPUZHA,
             ERNAKULAM DISTRICT.

      3      JAYAMOL K,
             H.S.A. (NATURAL SCIENCE)SNDP HSS,
             MUVATTUPUZHA,ERNAKULAM DISTRICT.

             R2-3   BY   ADV.   SRI.S.P.ARAVINDAKSHAN PILLAY
             R2-3   BY   ADV.   SMT.N.SANTHA
             R2-3   BY   ADV.   SRI.V.VARGHESE
             R2-3   BY   ADV.   SRI.PETER JOSE CHRISTO
             R2-3   BY   ADV.   SRI.S.A.ANAND
             R2-3   BY   ADV.   SMT.L.ANNAPOORNA

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.2223/2019                  -2-

                         JUDGMENT

DATED THIS THE 28th DAY OF JANUARY, 2021

Shaffique, J:

This appeal is filed against the judgment dated 12-02-2018

in W.P (C) No.34841/2009. The writ petition was filed by the

Manager of the school seeking for a direction to approve the

appointment of the teachers which had been rejected by the

competent authorities. It was inter alia brought to the notice of

the court that a third division in standard IX was necessary since

the students' strength was 101. The Government took up a stand

that when High Level Verification was conducted on 04-08-2003,

the students' strength was 90 and effectively 95. Therefore, the

school was not entitled for another division.

2. The learned Single Judge however, having considered

the matter observed that the documents produced by the

petitioners would indicate that more than 96 students appeared

for final year examination. Under such circumstances, direction

was issued to the petitioners to produce the entire materials and

the District Educational Officer (DEO) was directed to consider

the matter within a period of 2 months.

3. Therefore, the DEO conducted an inspection and the

learned Government Pleader submits that information had been

received inter alia stating that the roll strength of students in

2002-2003 in the IXth standard was 114 and therefore the

effective strength was 104. As on the date when the DEO had

visited the school on 03-07-2002, the strength was 107. Having

regard to the aforesaid factual situation, we don't think that any

error had been committed by the learned Single Judge in issuing

the aforesaid direction.

Writ appeal is therefore dismissed.

(Sd/-) A.M. SHAFFIQUE, JUDGE.

(Sd/-) GOPINATH P., JUDGE.

AMG