Kerala High Court
Manager (P.K.Mujeeb) vs The State Of Kerala on 28 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:6453
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 2575 OF 2025
PETITIONER:
MANAGER (P.K.MUJEEB),
AGED 45 YEARS,
S/O KUNHAMMAD,
P.K.MEMORIAL U.P.SCHOOL,
P. O. ORKATTERI,
KOZHIKODE DISTRICT,
(RESIDING AT PALLIKUNIYIL,
P.O.ORKKATTERI,
KOZHIKODE,
PIN - 673501
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
GOKUL R.NAIR
ANSALAM N.X.
VENUGOPAL C.
RESPONDENTS:
1 THE STATE OF KERALA,
REP.BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, (ANNEX BUILDING)
THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
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W.P.(C) No.2575/2025
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3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKKODE DISTRICT, PIN - 673004
4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
CHOMBALA, KOZHIKKODE, PIN - 673308
BY ADV.
SRI.PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.2575/2025
:3:
JUDGMENT
Dated this the 28th day of January, 2025
The petitioner is the manager of P.K.Memorial UP
School, Orkkatteri. During the academic year 2018-2019, as
per the student's strength, the School is entitled for 23 class
divisions. However, 16 class divisions and corresponding posts
alone were sanctioned to the School as per Staff-Fixation order.
The admissible class divisions and corresponding posts were
denied as the accommodation available under permanent
building alone were taken into consideration.
2. In fact, there was permanent building and a
temporary building having 29 class rooms which are sufficient
to sanction 27 class divisions. Therefore, there was no legal
impediment in sanctioning 23 class divisions during the
academic year 2018-2019. It is a fact that 23 teachers,
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including 10 UPSTs and 13 LPSTs were working during the
said period, including Headmaster. Therefore, the denial of 7
additional class divisions and corresponding posts during the
academic year 2018-2019 is illegal.
3. Likewise, during the academic year 2019-
2020, the student's strength warranted sanction of 28 class
divisions. However, 16 class divisions and corresponding posts
alone were sanctioned.
4. There were no Staff-Fixation orders during the
academic year 2020-2021 and 2021-2022. The Staff-Fixation
order of the academic year 2019-2020 continued during the
academic year 2020-2021 and 2021-2022 also.
5. During the academic year 2022-2023 there
were student's strength for sanctioning 33 class divisions.
However, 15 class divisions and corresponding posts alone
were sanctioned during the academic year 2022-2023. As
stated above, during the academic year 2022-2023 also there
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were 26 class rooms which are sufficient to sanction 24 class
divisions.
6. The admissible divisions and posts were not
sanctioned since the temporary building having Fitness
Certificate were not taken into consideration.
7. Aggrieved by the denial of admissible divisions
and posts, the petitioner has filed Ext.P6 Revision Petition
before the 2nd respondent and the same is pending without
consideration, contends the counsel for the petitioner.
8. Heard.
9. Aggrieved by denial of sanction of divisions
and corresponding posts for the academic years 2018-2019,
2019-2020 and 2022-2023, the petitioner has filed Ext.P6
Revision Petition before the Government invoking the
provisions of the Kerala Education Rules.
10. In the facts of the case and Ext.P6 being a
statutory revision, it would be only just and proper that the 1 st
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respondent considers the same and takes appropriate decision
thereon expeditiously in accordance with law.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P6 Revision Petition and
pass appropriate orders thereon within a period of four months
after giving opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:6453
APPENDIX OF WP(C) 2575/2025
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE STAFF-FIXATION ORDER
NO. K.DIS/C/3902/18 DATED 06.07.2018
ISSUED BY THE 4TH RESPONDENT
Exhibit P2 A TRUE COPY OF THE FITNESS CERTIFICATE
FOR THE ACADEMIC YEAR 2018-19 IN
RESPECT OF PERMANENT BUILDING ISSUED BY
THE ASSISTANT ENGINEER ON 19.06.2018
Exhibit P3 A TRUE COPY OF THE FITNESS CERTIFICATE
RESPECT OF TEMPORARY BUILDING HAVING 9
CLASS ROOMS ISSUED BY THE ASSISTANT
ENGINEER ON 19.06.2018
Exhibit P3(a) A TRUE COPY OF THE STAFF STATEMENT FOR
THE ACADEMIC YEAR 2018-19 IN RESPECT OF
THE PETITIONER'S SCHOOL
Exhibit P4 A TRUE COPY OF THE STAFF-FIXATION ORDER
NO. K.DIS/C/44306/19 DATED 18.07.2019
ISSUED BY THE 4TH RESPONDENT
Exhibit P5 A TRUE COPY OF THE STAFF-FIXATION ORDER
NO. K.DIS/C/44439/22 DATED 19.08.2022
ISSUED BY THE 4TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT ON 22.12.2024.
