Kerala High Court
Ajith Kumar.S vs State Of Kerala on 16 December, 2025
2025:KER:96986
WP(C) No.26208 of 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA,
1947
WP(C) NO. 26208 OF 2019
PETITIONER/S:
1 AJITH KUMAR.S
AGED 48 YEARS
S/O.V.V.SIVARAMAN NAIR, HIGHER SECONDARY SCHOOL
TEACHER (MATHEMATICS), RAMA VILASAM HIGHER
SECONDARY SCHOOL, KELAKAM, CHOKLI.P.O., KANNUR
DISTRICT.
2 K. PRADEEP KUMAR
AGED 50 YEARS
S/O.BALAN, HIGHER SECONDARY SCHOOL TEACHER
(CHEMISTRY), RAMA VILASAM HIGHER SECONDARY SCHOOL,
KELAKAM, CHOKLI.P.O., KANNUR DISTRICT.
3 PRAJITHA P,
AGED 42 YEARS
S/O.P.SREEDHARAN, HIGHER SECONDARY SCHOOL TEACHER
(PHYSICS), RAMA VILASAM HIGHER SECONDARY SCHOOL,
KELAKAM, CHOKLI.P.O., KANNUR DISTRICT.
4 JOHN T.V, S/O VARGHESE ULAHANNAN
AGED 50 YEARS
S/O.VARGHESE ULAHANNAN, HIGHER SECONDARY SCHOOL
TEACHER (MALAYALAM), ST.JOSEPH'S HIGHER SECONDARY
SCHOOL, KOZHIKODE
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SMT.K.N.ABHA
SRI.A.G.PRASANTH
2025:KER:96986
WP(C) No.26208 of 2019
2
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN-695001
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHI
THIRUVANANTHAPURAM PIN-695004
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, KOZHIKODE, PIN-673001
4 THE MANAGER
RAMA VILASAM HIGHER SECONDARY SCHOOL, CHOKLI.P.O.,
KANNUR DISTRICT, PIN-670672
5 THE MANAGER,
ST.JOSEPH'S HIGHER SECONDARY SCHOOL, KOZHIKODE,
PIN-672032
OTHER PRESENT:
R1 TO 3 - SRI.JIMMY GEORGE, SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:96986
WP(C) No.26208 of 2019
3
JUDGMENT
The writ petition is preferred by HSST (Jrs) challenging Ext.P14 order of the Director of General Education.
2. It is the case of the petitioners that, while as per Ext.P3 the Government had sanctioned additional batches in Higher Secondary courses in a few schools during the academic year 1999-2000, on account of certain practical difficulties, new Higher Secondary schools could not be sanctioned. Later, in 1999 certain batches of the Pre-Degree courses were delinked from various colleges in the State. In order to compensate for the same, additional batches were sanctioned in the existing Higher Secondary schools. However, the sanctioning of the said additional courses was subject to the condition that during the academic year 1999-2000, no additional teachers would be posted in schools on account of these new batches.
3. Subsequently, by G.O.(Ms) No.261/2001/G.Edn dated 17.08.2001, the Government issued orders sanctioning posts in respect of those schools. Thereafter, physical verification was conducted by the Deputy Director, as evident from Exts.P5 to P8 staff fixation orders, and posts were sanctioned.
2025:KER:96986 WP(C) No.26208 of 2019 4
4. In this regard, the petitioners had earlier approached this Court by filing W.P.(C) No.22597 of 2014. By judgment dated 27.06.2018, this Court disposed of the writ petition with a direction to the 2nd respondent, in the light of the earlier directions, to consider the claim of the petitioners for sanctioning of posts based on the workload available in the petitioners' school from 1999-2000 onwards, after conducting physical verification and with reference to the records, and to pass orders within the stipulated time.
5. By Exts.P10 and P11, this issue had already been considered by this Court, and the Director of Higher Secondary Education was directed to consider the claim of the petitioners in the light of G.O.(Ms) No.261/2001/G.Edn dated 17.08.2001. In compliance with the said directions, Ext.P12 order dated 25.01.2013 was issued, wherein approval of appointment was granted to certain teachers who were the petitioners in that writ petition. The present petitioners are seeking similar benefits.
6. However, by Ext.P14 order, the matter was again referred to the Government by the Director, which is contrary to the findings in the said writ petition as well as the findings of the Division Bench in State of Kerala and Others v. K.V. Sreejith and 2025:KER:96986 WP(C) No.26208 of 2019 5 Others, reported in 2019 (2) KHC 686. It was specifically found that:
"'though it has been vehemently contended placing reliance on various decisions of the Apex Court as well as this Court that this court should not interfere with matters of policy of the Government, we are not satisfied that the said decisions have any application to the facts of these cases, as indicated above. These are cases where the matter entirely rest on the question as to whether the workload of the teachers were in excess of 15 periods or not. In view of the above distinction in facts, we refrain from considering the effect of the decisions on which reliance has been placed'
7. Accordingly, the writ appeal was dismissed. The Court observed that the authority to assess the situation and to sanction such upgradation is the Director of Secondary Education. The Government accepted the recommendation of the Director to upgrade the posts. The Government cannot limit the operation of the order prospectively. The power of the Government is limited to the creation of posts. In the present case, the Government had already created the posts, and the Deputy Director had conducted physical verification and submitted a report to the Director.
8. In such circumstances, the educational authorities cannot turn around and contend that, due to the limitation prescribed in Ext.P3, the posts cannot be sanctioned 2025:KER:96986 WP(C) No.26208 of 2019 6 retrospectively. Such contentions cannot be accepted in the light of the findings of the Division Bench.
9. In the light of the sanctioning of posts as per Ext.P4, namely G.O.(Ms) No.261/2001/G.Edn dated 17.08.2001, and after considering the staff fixation orders produced as Exts.P5 to P8, the Director is bound to take effective measures for upgradation of the posts. The order shall be passed within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
sd/-
sab P.M. MANOJ
JUDGE
2025:KER:96986
WP(C) No.26208 of 2019
7
APPENDIX OF WP(C) NO. 26208 OF 2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16.04.2002
APPROVING THE SERVICE OF THE PETITIONER 1 TO 3 AS HSST (JR) EXHIBIT P2 TRUE COPY OF THE ORDER DATED 8.7.1999 ISSUED BY THE 2ND RESPONDENT APPROVING THE APPOINTMENT OF THE 4TH PETITIONER AS PART TIME HSST EXHIBIT P3 TRUE COPY OF GO(MS)NO.132/1999/G.EDN DATED 11.6.1999 EXHIBIT P4 TRUE COPY OF THE GO(MS)NO.261/2001/G.EDN DATED 17.08.2001 EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDERS FOR THE YEAR 1999-2000 TO 2001-2002 IIN RESPECT OF RAMA VILASAM HIGHER SECONDARY SCHOOL, CHOKLI, KANNUR EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 1999-2000 TO 2001-2002 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 24.09.2002 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21.06.2002 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP(C)NO.35807/2005 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 2.2.2012 IN WP(C)NO.2978/2004 AND CONNECTED CASES EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 2.2.2012 IN WP(C)NO.2978/2004 AND CONNECTED CASES EXHIBIT P12 TRUE COPY OF THE ORDER DATED 25.1.2013 ISSUED BY THE 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 27.6.2018 IN WP(C)NO.22597/2014 EXHIBIT P14 TRUE COPY OF THE ORDER DATED 17.12.21018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P15 TRUE COPY OF GO(RT) NO.5119/2014/G.EDN DATED 19.11.2014