Manager vs State Of Kerala
2021 Latest Caselaw 9411 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      WP(C).No.30253 OF 2019(F)

PETITIONERS:

      1        MANAGER, DEVI VILASAM HIGHER SECONDARY SCHOOL,
               KANDANKARY, ALAPPUZHA DISTRICT.

      2        RAJESH P., AGED 32 YEARS, S/O.PANCHAMAN, HSST,
               (ENGLISH) (JUNIOR), DEVI VILASAM HIGHER SECONDARY
               SCHOOL, KANDANKARY, ALAPPUZHA DISTRICT.

      3        MADHAVAN NAMBOODIRI V., AGED 30 YEARS
               S/O.VISHNU NAMBOODIRI V.M., HSST (CHEMISTRY), DEVI
               VILASAM HIGHER SECONDARY SCHOOL, KANDANKARY,
               ALAPPUZHA DISTRICT.

      4        REKHA R., AGED 37 YEARS, D/O.GOPALAKRISHNAN NAIR,
               HSST (ZOOLOGY), DEVI VILASAM HIGHER SECONDARY SCHOOL,
               KANDANKARY, ALAPPUZHA DISTRICT.

      5        ASHA K.A., AGED 36 YEARS, D/O.K.APPUKUTTAN PILLAI,
               HSST (PHYSICS) (SENIOR), DEVI VILASAM HIGHER
               SECONDARY SCHOOL, KANDANKARY, ALAPPUZHA DISTRICT.

      6        JAYA KRISHNA, AGED 34 YEARS, D/O.M.M.KRISHNA PILLAI,
               HSST (MATHEMATICS) (SENIOR), DEVI VILASAM HIGHER
               SECONDARY SCHOOL, KANDANKARY, ALAPPUZHA DISTRICT.

               BY ADVS.
               SRI.M.R.ANISON
               SMT.V.BHARGAVI (PANANGAD)
               SMT.P.A.RINUSA


RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHI, THIRUVANANTHAPURAM - 695014.
 WPC 30253/19
                                 2


       3       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
               EDUCATION, CHENGANNUR, ALAPPUZHA-689121.


               SRI. P.M.MANOJ -SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 30253/19
                                          3


                                    JUDGMENT

The 1st petitioner is the Manager of 'Devi

Vilasam Higher Secondary School', Alappuzha;

while petitioners 2 to 6 are Higher Secondary

School Teachers in various subjects teaching

there. According to them, the school was

upgraded as a Higher Secondary School in the

academic year 2014-15 and petitioners 2 to 6

were appointed to the Higher Secondary section

from the same year; but that since no

permanent posts had been created, they were

working only as Guest Lecturers.

2. The petitioners, thereafter, submit

that Government, as per Ext.P5 order, created

permanent posts in the newly upgraded Higher

Secondary Schools during the academic year

2014-15, but that no such posts were created

in the Science Batch in the school, solely

saying that the number of students was less

than 50 during the previous three consecutive WPC 30253/19

years. They add that, however, sufficient

permanent posts had been sanctioned in the

Commerce batch in the Higher Secondary section

in the year 2015-16.

3. The petitioners contend that, as per

Rule 1(d) and 1(e) of Chapter XXXII of the

Kerala Education Rules (KER for short), the

2nd respondent was obligated to create

permanent posts from the academic year 2014-15

and the fact that the student strength in the

school is more than 50 during the years 2018-

19, 2019-20 and 2020-21 is demonstrated by

Exts.P10 to P12. They say that, in fact,

Government had also issued an order dated

19.05.2018, relaxing the minimum student

strength as being 40, for the academic year

2018-19 and that same has been produced on

record as Ext.P13.

4. After saying as afore, the petitioners

assert that even in the academic year 2014-15,

the 1st respondent had created permanent posts WPC 30253/19

in various other schools even when the minimum

student strength was below 50 and that this is

clear from the information gathered by them

under the Right to Information Act, namely

Exts.P14 to P16. They further submit that as

per Ext.P5, permanent posts were also created

in 'A.M.H.H.S', Thirurkad, 'St.Mary's Higher

Secondary School', Niranam and 'M.M.A.H.S.S',

Maraman without insisting on the minimum

student strength of 50. They thus contend that

the school involved in this case is also

entitled to be treated similarly and not to be

discriminated in the manner, as has been done

until now.

5. The petitioners, thereafter, say that

appointment of the second among them was

approved as an HSST (Jr) in English with

effect from 26.06.2019, based on Ext.P6 order

creating permanent posts in the Commerce

batch; but that his appointment as HSST

(English) is not yet approved, due to non- WPC 30253/19

sanctioning of permanent posts in Science

batch. They, however, maintain that

petitioners 2 to 6 are working in the school

from the academic year 2014-15 and that 4 and

5 among them will cross the upper age limit

within the next two years. They allege that

petitioners 3 to 6 are not getting salary as

Guest Lecturers from 01.06.2020, though they

are taking classes through on-line mode; and

therefore, pray that 2nd respondent be directed

to immediately create sufficient number of

permanent posts in the Science batch

sanctioned in the Higher Secondary section of

the school, by applying Rule 1(d) and 1(e) of

Chapter XXXII of the KER within a time frame

to be fixed by this Court.

6. In response to the afore submissions

made on behalf of the petitioners by their

learned counsel - Sri.M.R.Anison, the learned

Senior Government Pleader - Sri.P.M.Manoj,

submitted that the only reason why permanent WPC 30253/19

posts in the Science batch in the school have

not been granted is because it did not have

sufficient student strength. He submitted that

since the petitioners have now produced

certain additional documents on record, namely

Exts.P10 to P16, the competent Authority is

willing to consider the same also and to take

a decision as to whether posts can be granted

in the school. He, therefore, prayed that this

Writ Petition be ordered only on such terms.

7. When I consider the submissions made

on behalf of the rival parties as afore, it is

clear that petitioner's case is built on the

sanctioning of posts in certain other schools,

even when the student strength was below 50.

They have produced Exts.P14 to P16 in

substantiation and also rely on Ext.P5 to show

that at least in three schools mentioned

therein, posts were created without insisting

on the minimum student strength of 50.

8. Moving on, the petitioners say that as WPC 30253/19

per Ext.P13, Government has relaxed the

stipulation of minimum student strength for

sanctioning of posts as 40 and therefore, that

in any event of the matter, they are eligible

to the benefits under the said order, going by

Exts.P10 to P12 proceedings, which would show

that the minimum student strength in the

school is much over the prescribed minimum of

50 in the academic years 2018-19, 2019-20 and

2020-21.

9. I am, therefore, clear in my mind that

the afore aspects will have to be considered

by the 2nd respondent appropriately, after

affording an opportunity of being heard to the

petitioners, so that the question of

sanctioning of posts in the Science batch in

the school can be finally resolved

affirmatively.

In the afore circumstances, I order this

writ petition and direct the 2nd respondent to

immediately hear the petitioners - either WPC 30253/19

physically or through video conferencing - and

to take a decision on the request of the 1 st

petitioner-Manager for creation of permanent

posts in the Science batch of the school,

taking specific note of Exts.P10 to P16

documents.

The afore exercise shall be completed by

the 2nd respondent as expeditiously as is

possible, but not later than three months from

the date of receipt of a copy of this

judgment; and it is needless to say that,

after the afore exercise, all resultant

benefits will be granted and disbursed to

petitioners 2 to 6 without any avoidable delay

thereafter.

Sd/-

                                                DEVAN RAMACHANDRAN
       RR                                                 JUDGE
 WPC 30253/19



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF ORDER BEARING G.O.(MS)

NO.143/2014/G.EDN. DATED 31.07.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER BEARING RELEVANT PAGES G.O.(MS) NO.247/2014/G.EDN. DATED 24.11.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER BEARING RELEVANT PAGES ACD.C3/16830/2013/HSE, DATED 09.03.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER BEARING G.O.

(MS) NO.76/2017/G.EDN. DATED 10.07.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER BEARING G.O.

(MS) NO.106/2017/G.EDN. DATED 21.08.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF ORDER BEARING G.O.(MS) NO.14/2019/G.EDN. DATED 06.02.2019 ISSUED BY THE 1ST RESPONDENT (RELEVANT PAGES)

EXHIBIT P7 TRUE COPY OF THE RESOLUTION DATED 11.01.2018 PASSED BY CHAMBAKULAM GRAMA PANCHAYAT.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.G.O.

(RT)3576/19/GEDN DATED 04.09.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.ICT CELL/45969/H.S.E./2019 DATED 10.11.2016.

WPC 30253/19

EXHIBIT P10 TRUE COPY OF THE LIST OF STUDENTS ADMITTED IN THE 1ST PETITIONER'S SCHOOL DURING THE ACADEMIC YEAR 2018-2019.

EXHIBIT P11 TRUE COPY OF THE LIST OF STUDENTS ADMITTED IN THE 1ST PETITIONER'S SCHOOL DURING THE ACADEMIC YEAR 2019/2020.

EXHIBIT P12 TRUE COPY OF THE LIST OF STUDENTS ADMITTED IN THE 1ST PETITIONER'S SCHOOL DURING THE ACADEMIC YEAR 2020-2021.

EXHIBIT P13 TRUE COPY OF THE G.O.

(RT).NO.62/2018/G.EDN. DATED 19/05/2018.

EXHIBIT P14 TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 11/06/2020.

EXHIBIT P15 TRUE COPY OF THE RELEVANT PAGES OF THE DOCUMENTS SHOWING THE STUDENTS STRENGTH OF ST.MARY'S HIGHER SECONDARY SCHOOL, NIRANAM.

EXHIBIT P16 TRUE COPY OF THE RELEVANT PAGES OF THE DOCUMENTS SHOWING THE STUDENTS STRENGTH OF M.M.A HIGHER SECONDARY SCHOOL, MARAMON.