Kerala High Court
Hyman P.P vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
RD
WEDNESDAY, THE 3 DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13735 OF 2024
PETITIONER:
HYMAN P.P
AGED 57 YEARS
MANAGER, VIVEKASAGARAM UPPER PRIMARY SCHOOL VELLARAKKAD,
THRISSUR - 680584 S/O.PRABHAKARAN NAIR (LATE), PALLIYATH
HOUSE, VALLARAKKAD P.O., ERAMAPETTY, THRISSUR-, PIN -
680584
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
O/O THE DIRECTOR OF GENERAL EDUCATION JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
O/O DEPUTY DIRECTOR OF EDUCATION, THRISSUR, PIN - 680003
4 DISTRICT EDUCATIONAL OFFICER
O/O THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD,
THRISSUR, PIN - 680506
5 ASSISTANT EDUCATIONAL OFFICER
O/O THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM
THRISSUR, PIN - 673571
SMT.NISHA BOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13735 OF 2024
2
JUDGMENT
The petitioner, the Manager of Vivekasagaram Upper
Primary School Vellarakkad, Thrissur has approached this
Court seeking the following reliefs:
i. To call for the records leading to fixt.P8
order of the 2nd respondent dated 12.02.2024
and set aside the same by issuing a Writ of
Certiorari
ii. To call for the records leading to Ext.P3
staff fixation order of the 5 respondent and
set aside the same to the extent it refuses to
sanction 12 divisions to petitioner's school by
sewing a writ of Certiorari.
iii. To declare that in the light of the
permanent exemption given to school
buildings constructed prior to 1985-1986
from height exemption and also taking note
of Exts.P9, P10 and P11 orders the
respondents was bound to reckon the 7
extra rooms also for the purpose of staff
fixation.
iv. To declare that as per Ext.P1 Fitness
Certificate and Rule 6 of Chapter IV KER.
The 5th respondent is bound to reckon 19
class rooms, and the 5th respondent to
sanction 2 divisions each for the 5 th and 6th
standard and 3 divisions for the 7 th
standard.
v. To issue a Writ of Mandamus direct the
1st respondent to consider and pass orders
on Ext.P12 Revision Petition forthwith or
with a time specified by this Hon'ble Court.
WP(C) NO. 13735 OF 2024
vi. To issue a Writ of Mandamus directing
the competent among respondents 1 to 5
to sanction the post of Junior Arabic and
Junior Urdu to petitioner's school from the
academic year 2022-2023 onwards.
vii. To dispense with the filing of translated
copies of the Exhibits produced in the
above Writ Petition.
AND
viii. To grant such other reliefs or orders as
this Hon'ble Court may deem fit and proper
in the above case, and to award costs.
2. The grievance highlighted in this writ petition is
that as per Ext.P3 staff fixation order pertaining to the year
2023-2024, the divisions in the petitioners' school were
reduced for the reason that, as of now, there are only 9 class
rooms which are having the necessary specifications as per
the Rules. The contention raised by the petitioner is that, the
building of the school, wherein, the classes are being
conducted, was constructed prior to 1985, and therefore the
present specifications cannot be applicable. Reliance was
placed on Ext.P9, a circular issued by the Government in this
regard, wherein it has been specifically stipulated that, the
requirement regarding minimum height would be insisted
upon from 1985-1986 onwards only. The specific case of the
WP(C) NO. 13735 OF 2024
petitioner is that, the building of the school comes within the
said category. Besides the same, the attention of this Court
was also brought to Exts.P10 and Ext.P11 orders, as per
which, the 3rd respondent granted the power to relax the
specifications of the the buildings constructed prior to 2019.
It is also submitted that, for the purpose of staff fixation
pertaining to the years 2007-2008, 2009-2010, and 2010-
2011, Exts.P4 to P6 orders were passed by reckoning the said
rooms. In the present staff fixation order the said aspect was
not taken into account. Moreover, as per Ext.P7, taking into
consideration the very same rooms, the additional two
divisions were sanctioned for the year 2019-2020. In such
circumstances, a specific contention was raised to the effect
that, while issuing the staff fixation order now passed, the
above crucial aspects were not considered and hence the said
order is unsustainable. In such circumstances, highlighting
the grievances, the petitioner submitted Ext.P12 revision
petition before the 1st respondent which is now pending
consideration.
WP(C) NO. 13735 OF 2024
3. After considering the materials placed on record
and hearing the learned counsel for the petitioner as well as
the learned Government Pleader, I am of the view that, since
the matter is now pending before the 1 st respondent, a
direction can be issued to consider the grievances of the
petitioner and to take a decision thereon.
Accordingly, this writ petition is disposed of directing
the 1st respondent to take up Ext.P12 and appropriate orders
thereon be passed in accordance with law by specifically
taking note of Exts.P4 to P7 and also the relaxation
contemplated as per Exts.P9 to P11. The orders in this regard
shall be passed within a period of three months from the date
of the production of a copy of this judgment after affording
the petitioner an opportunity of being heard.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
LEK
WP(C) NO. 13735 OF 2024
APPENDIX OF WP(C) 13735/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED IN RESPECT OF THE PETITIONER'S
SCHOOL FOR THE ACADEMIC YEAR 2023-2024 BY
THE ASSISTANT ENGINEER KADANGOD GRAMA
PANCHAYAT DATED 30.05.2023
Exhibit P2 TRUE COPY OF THE ABOVE CIRCULAR DATED
04.08.2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS C/53950/2023 DATED 21.08.2023
Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE ACADEMIC YEAR 2007-2008 DATED
02.07.2007
Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE ACADEMIC YEAR 2009 -2010 ISSUED VIDE
ORDER N.B-2181/09/D.DIS DATED 31.07.2009
Exhibit P6 TRUE COPY OF STAFF FIXATION ORDER NO.B-
1627/2010/D.DIS DATED 13.08.2010 FOR THE
ACADEMIC YEAR 2010
Exhibit P7 TRUE COPY OF THE ORDER NO.B1/60185/2019
DATED 15.10.2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit P8 TRUE COPY OF ORDER NO.RA2/ 75639/2023
DATED 12.02.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE CIRCULAR NO
32746/J1/92/G.EDN ISSUED BY THE
GOVERNMENT DATED 16.07.1992
Exhibit P10 TRUE COPY OF G.O(RT)NO.6844/2022/G.EDN
DATED 16.11.2022
Exhibit P11 TRUE COPY OF THE CIRCULAR
NO.JR/432/2023/G.EDN DATED 16.08.2023
WP(C) NO. 13735 OF 2024
Exhibit P12 TRUE COPY OF THE REVISION PETITION FILED
BY THE PETITIONER DATED 02.03.2024
Exhibit P13 TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS B/40541/2022 DATED 24.08.2022
Exhibit P14 TRUE COPY OF G.O(MS)NO. 95/2023/G.EDN
DATED 07.07.2023
Exhibit P15 TRUE COPY OF CIRCULAR NO.37685/J1/90/
G.EDN DATED 29.08.1992
Exhibit P16 TRUE COPY OF THE FITNESS CERTIFICATE
DATED 27.11.2023
