Kerala High Court
Sethu Lekshmi U vs State Of Kerala on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 15843 OF 2021
PETITIONER:
G NANDAKUMAR
AGED 51 YEARS
SON OF LATE PROF.R.GOPALAKRISHNA PILLAI, MANAGER N
SREEKANTAN NAIR, SHASTI POORTHI MEMORIAL UPPER PRIMARY
SCHOOL, PATHARAM, KAKKAKUNNU P.O., SOORANAD SOUTH,
KOLLAM DISTRICT,PIN-690 522
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION (L) DEPARTMENT, GOVT. SECRETARIAT ANNEX -II,
THIRUVANANTHAPURAM,PIN-695 001
2 THE DIRECTOR GENERAL OF EDUCATION,
THYCAUD JAGATHY, THIRUVANANTHAPURAM-14 PIN-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, KOLLAM-ELAMPALLOOR ROAD, THEVALLY,
KOLLAM-691 009
4 THE DISTRICT EDUCATIOAL OFFICER,
KOTTARAKKARA, KOTTARAKKARA-EDAKKIDOM-NEDUMONCAVU ROAD,
CHANDAMUKKU, KOTTARAKKARA-691 506
5 THE ASSISTANT EDUCATIONAL OFFICER,
SASTHAMCOTTAH, SASTHAMCOTTAH, KOLLAM-690 521
SRI. VENUGOPAL. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, ALONG WITH WP(C).19301/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOs. 15843 & 19301 OF 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 19301 OF 2021
PETITIONER:
SETHU LEKSHMI U,
AGED 35 YEARS
W/O. JAYAPRAKASH M, UPPER PRIMARY SCHOOL TEACHER,
N. SREEKANDAN NAIR SASHTIPOORTHI MEMORIAL UPPER
PRIMARY SCHOOL, PATHARAM, KAKKAKUNNU P.O,
SOORANADU, KOLLAM.
BY ADVS.
K.S.BHARATHAN
ALPHIN ANTONY
AADITHYAN S.MANNALI
VISAKH ANTONY
ABEL ANTONY
CHRISTINE MATHEW
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION (L) DEPARTMENT, GOVT. SECRETARIAT ANNEX
-II, THIRUVANANTHAPURAM, PIN-695 001
2 THE DIRECTOR GENERAL OF EDUCATION,
THYCAUD JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, KOLLAM-ELAMPALLOOR ROAD, THEVALLY, KOLLAM,
PIN-691 009
4 THE DISTRICT EDUCATIONAL OFFICER,
KOTTARAKKARA, KOTTARAKKARA-EDAKKIDOM-NEDUMONCAVU
ROAD, CHANDAMUKKU, KOTTARAKKARA, PIN-691 506.
WP(C) NOs. 15843 & 19301 OF 2021 3
5 THE ASSISTANT EDUCATIONAL OFFICER,
SASTHAMCOTTAH, SASTHAMCOTTAH, KOLLAM, PIN-690 521
6 G. NANDAKUMAR,
AGED 52 YEARS
S/O. LATE PROF. R. GOPALAKRISHNA PILLAI, MANAGER N.
SREEKANTAN NAIR SHASTI POORTHI MEMORIAL UPPER
PRIMARY SCHOOL, PATHARAM, KAKKAKUNNU P.O, SOORANAD
SOUTH, KOLLAM DISTRICT, PIN-690 522
BY ADVS.
SRI.VENUGOPAL, GP
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2023, ALONG WITH WP(C).15843/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 15843 & 19301 OF 2021 4
T.R. RAVI, J.
--------------------------------------------
W.P.(C)Nos.15843 and 19301 of 2021
--------------------------------------------
Dated this the 8th day of November, 2023
JUDGMENT
W.P.(C).No.15843 of 2021 has been filed by the
Manager of an aided School challenging Ext.P7 order,
whereby the request made in the revision petition dated
15.03.2018, filed by the Manager has been rejected. The
claim of the petitioner was that there was sufficient space in
the School and sufficient number of students for 18 class
rooms as per the KER specification and an additional division
is liable to be allowed. Consequently, there is also a request
for additional posts. The 1st respondent found that there are
18 class rooms out of which two rooms are occupied by a
craft room and kitchen and this fact has already been stated
in the Government order dated 19.02.2018, which has been
produced as Ext.P2. It is hence ordered that 18 divisions
cannot be granted.
2. W.P(C).No.19301/2021 has been preferred by a
WP(C) NOs. 15843 & 19301 OF 2021 5
teacher who was appointed in the School on 01.06.2018. In
the said writ petition also the Government order dated
31.05.2021, which has been produced as Ext.P7 in
W.P(C).No.15843/2021 is under challenge. The petitioner
therein has also prayed for modification of staff fixation
orders from the academic year 2016-2017 allowing 18 class
divisions and to pass consequential orders regarding sanction
of posts. There is also a prayer for approving the appointment
of the petitioner with effect from 01.06.2018.
3. Pending these writ petitions, this Court had on
09.08.2023 directed the 4th respondent DEO, Kottarakkara to
conduct an inspection on the petitioner School, taking into
consideration of Ext.P23 plan and to file a report as to the
number of class rooms available as on that day for
conducting the classes. Pursuant to the directions issued, a
report has been filed wherein it is stated that on verification,
it was found that there are 19 class rooms as shown in
Ext.P23 and that all the rooms are fit for conducting classes.
The report also says that the Headmaster's office, staff room
and library are not included in the above said rooms. The
WP(C) NOs. 15843 & 19301 OF 2021 6
report has in a way put an end to one of the facts on which
there is a dispute, that is, regarding the number of class
rooms available for teaching children. The petitioner has
produced before this Court a fitness certificate issued to the
School building, which also shows about the existence of five
buildings.
4. The Government Pleader submitted that many of
the details that are produced before this Court were not
available at the time of issuance of Ext.P7. The report now
called for by the Court was also not available for
consideration. In the above circumstances, I am of the
opinion that the matter requires a re-look by the 1 st
respondent, since there are disputed facts regarding which
some evidence is available in the form of documents before
this Court.
In the above circumstances, these writ petitions are
disposed of with the following directions:
Ext.P7 is set aside. There will be direction to the 1 st
respondent to re-consider the issue as directed by this Court
in Ext.P6 judgment after hearing the petitioners in these two
WP(C) NOs. 15843 & 19301 OF 2021 7
writ petitions. The petitioners may file additional pleadings
and documents before the 1st respondent in support of their
claim that there are 18 class rooms available, entitling them
for 18 posts. The report submitted by the District Educational
Officer pursuant to the directions issued by this Court shall
also be considered while passing orders. The petitioner in
W.P(C).No.19301/2021 may also produce necessary materials
to show that the findings recorded in penultimate paragraph
of Ext.P7 inner page 3 regarding Rule 7(2) of Chapter XXI
KER are incorrect and the said aspect shall also be looked
into by the 1st respondent. Necessary orders shall be issued
within three months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) NOs. 15843 & 19301 OF 2021 8
APPENDIX OF WP(C) 19301/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STAFF FIXATION
PROCEEDINGS FOR THE YEAR 2015-16 ON THE
BASIS OF THE UID STRENGTH AVAILABLE IN
THE SCHOOL AS ON THE 6TH WORKING DAY
ISSUED BY THE 5TH RESPONDENT AS PER
PROCEEDINGS ORDER NO. C/2814/2016/D.DIS
DATED 02.04.2016.
Exhibit P2 TRUE COPY OF G.O(RT) NO. 741/2018/G.EDN.
DATED 19.02.2018 ISSUED BY THE
GOVERNMENT.
Exhibit P3 TRUE COPY OF THE REVISED STAFF FIXATION
FOR THE YEAR 2015-16 ISSUED BY THE 5TH
RESPONDENT AS PER PROCEEDINGS ORDER NO.
C/644(1)/2017/D.DIS DATED 26.02.2018.
Exhibit P4 TRUE COPY OF THE LETTER NO. RA 94) /
5232/2019/DGE DATED 25.01.2020.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
15.03.2018 SUBMITTED BY THE 6TH
RESPONDENT BEFORE THE GOVERNMENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 12235/2020 DATED
22.06.2020.
Exhibit P7 TRUE COPY OF G.O(P) NO. 2879/2021/GEN.
EDN. DATED 31.05.2021.
Exhibit P8 TRUE COPY OF THE PROCEEDINGS ORDER NO.
B1/5911/2020 DATED 01.07.2020 OF THE 3RD
RESPONDENT.
Exhibit P9 TRUE COPY OF THE PROCEEDINGS ORDER NO.
NSNSPMUPS/ACD/SS-1/2016 DATED 6TH JULY
2020.
WP(C) NOs. 15843 & 19301 OF 2021 9
Exhibit P10 TRUE COPY OF THE PROCEEDINGS ORDER NO.
NSNSPMUPS/ACD/SS-2/2016 DATED 6TH JULY
2020 OF THE 6TH RESPONDENT OF NSNSPM UPS
PATHARAM.
Exhibit P11 TRUE COPY OF THE PROCEEDINGS ORDER NO.
B1/1004/2020/DDE DATED 29.01.2021 OF THE
3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE G.O(P) NO.
136/2021/G.EDN. DATED 31.03.2021.
Exhibit P13 TRUE COPY OF SKETCH PLAN OF THE BUILDINGS
OF THE 6TH RESPONDENT.
Exhibit P14 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2015 FOR THE YEAR 2015-2016.
Exhibit P15 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2016 FOR THE YEAR 2016-17.
Exhibit P16 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 01.06.2017 FOR THE YEAR 2017-2018.
Exhibit P17 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2019 FOR THE YEAR 2019-2020.
Exhibit P18 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 26.06.2020 FOR THE YEAR 2020-2021.
Exhibit P19 TRUE COPY OF THE CIRCULAR NO. H2-12666/84
DATED 15.07.1984 OF THE DIRECTOR OF
PUBLIC INSTRUCTION.
Exhibit P20 TRUE COPY OF THE CIRCULAR NO.
J2/21/2020/G.EDN. DATED 09.10.2020.
Exhibit P21 TRUE COPY OF THE LETTER NO.
NSNSPMUPS/ACD/SS-1/2016 DATED 06.06.2020
ISSUED BY THE 6TH RESPONDENT TO THE 2ND
RESPONDENT.
WP(C) NOs. 15843 & 19301 OF 2021 10
APPENDIX OF WP(C) 15843/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER
NO.C/2814/2016/D.DIS DATED 02.04.2016
Exhibit P2 THE TRUE COPY OF G.O(RT)
NO.741/2018/G.EDN DATED 19.02.2018
Exhibit P3 THE TRUE COPY OF THE REVISED STAFF
FIXATION FOR THE YEAR 2015-2016 BY THE
5TH RESPONDENT AS PER ORDER
NO.C/644(1)/2017/D.DIS DATED 26.02.2018
Exhibit P4 THE TRUE COPY OF THE LETTER
NO.RA(4)/5232/2019/DGE DATED 25.01.2020
Exhibit P5 THE TRUE COPY OF THE REVISION PETITION
DATED 15.03.2018 SUBMITTED BY THE
PETITIONER BEFORE THE GOVERNMENT
Exhibit P6 THE TRUE COPY OF JUDGMENT IN WPC
NO.12235/2020 DATED 22.06.2020
Exhibit P7 THE TRUE COPY OF GO(RT)
NO.2879/2021/GEN.EDN DATED 31.05.2021
Exhibit P8 THE TRUE COPY OF THE SKETCH PLAN OF THE
BUILDINGS
Exhibit P9 THE TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2015 FOR THE YEAR 2015-2016
Exhibit P10 THE TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2015 FOR THE YEAR 2016-2017
Exhibit P11 THE TRUE COPY OF THE FITNESS CERTIFICATE
DATED 01.06.2017 FOR THE YEAR 2017-2018
Exhibit P12 THE TRUE COPY OF THE FITNESS CERTIFICATE
DATED 30.05.2015 FOR THE YEAR 2019-2020
WP(C) NOs. 15843 & 19301 OF 2021 11
Exhibit P13 THE TRUE COPY OF THE FITNESS CERTIFICATE
DATED 26.06.2015 FOR THE YEAR 2020-2021
Exhibit P14 THE TRUE COPY OF THE CIRCULAR
NO.J2/21/2020 DATED 9.10.2020
Exhibit P15 TRUE COPY OF THE PROCEEDINGS ORDER
NO.B1/5911/2020 DATED 01.07.2020 OF THE
DEPUTY DIRECTOR OF EDUCATION, KOLLAM
Exhibit P16 TRUE COPY OF THE PROCEEDINGS ORDER
NO.NSNSPMUPS/ACD/SS-1/2016 DATED 6TH JULY
2020 OF THE PETITIONER
Exhibit P17 TRUE COPY OF THE PROCEEDINGS ORDER
NO.NSNSPMUPS/ACD/SS-2/2016 DATED 6TH JULY
2020 OF THE PETITIONER
Exhibit P18 TRUE COPY OF THE PROCEEDINGS ORDER
NO.B1/1004/2020 /DDE DATED 29.01.2021
DEPUTY DIRECTOR OF EDUCATION KOLLAM
Exhibit P19 TRUE COPY OF GO(MS) NO.136/2021/G.EDN
DATED 31.03.2021
Exhibit P20 THE TRUE COPY OF THE LETTER NO
.NSNSPMUPS/ACD/SS-1/2016 DATED
06.06. 2020 ISSUED BY THE PETITIONER
Exhibit P21 TRUE COPY OF THE CIRCULAR NO.H2-12666/84
DATED 15.7.84 OF THE DIRECTOR OF PUBLIC
INSTRUCTION
EXHIBIT P22 THE TRUE COPY OF THE PLAN FACILITIES
AVAILABLE IN THE SCHOOL DURING 2018-2019
EXHIBIT P23 THE TRUE COPY OF THE PLAN FACILITIES
AVAILABLE IN THE SCHOOL DURING 2023-2024
WP(C) NOs. 15843 & 19301 OF 2021 12
EXHIBIT P24 TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED BY THE ASSISTANT ENGINEER LSGD
SOORANADU SOUTH GRAMA PANCHAYATH FOR THE
PERIOD OF 2018-2019
EXHIBIT P25 TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED BY THE ASSISTANT ENGINEER LSGD
SOORANADU SOUTH GRAMA PANCHAYATH FOR THE
PERIOD OF 2023-2024
