Kerala High Court
Manager, Cherapuram U.P. School vs State Of Kerala on 8 October, 2024
2024:KER:75537
1
WP(C) Nos.9198 of 2013 & 28908 of 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 8TH DAY OF OCTOBER 2024 / 16TH ASWINA, 1946
WP(C) NO. 9198 OF 2013
PETITIONERS:
1 K.KAMMOO, AGED 77 YEARS
S/O.MAMMED KURIKKAL, PRESIDENT, KERALA
P[RIVATE (AIDED) SCHOOL MANAGER'S ASSOCIATION,
MANNARKKAD SUB DISTRICT AND MANAGER AMLP
SCHOOL, KARKKITAMKUNNU, PALAKKAD-678 601.
2 V.VIJAYAKUMARAN, AGED 52 YEARS
S/O.M.V.GOPALAN NAIR, SECRETARY,KERALA
P[RIVATE (AIDED) SCHOOL MANAGER'S ASSOCIATION,
MANNARKKAD SUB DISTRICT AND MANAGER AMLP
SCHOOL, KARKKITAMKUNNU, PALAKKAD-678 601.
3 C.P.UMMER HAJI, AGED 73 YEARS
S/O.KUNJUMOIDU HAJI, MANAGER, CPAUP SCHOOL,
THIRUVAZHAMKUNNU P.O., ALANELLUR VIA, PALAKKAD
PIN-678 601.
4 C.P.MUSTHAFA, AGED 35 YEARS, S/O.C.P.UMMER
HAJI, MANAGER, ALP SCHOOL, THRIKKALOOR,
PALAKKAD,PIN-678 601.
5 T.ABOOBACKER ZIDHEEQ, AGED 47 YEARS,
S/O.MUHAMMED, ALP SCHOOL, ARIYOOR, PALAKKAD-
678 601.
6 T.RAMLATH, AGED 42 YEARS W/O.T.A.ZIDHEEQ,
MANAGER, ALP SCHOOL, KOTTOPADAM EAST,
PALAKKAD-678 583.
7 KALLADI ABOOBACKER,
S/O.ABDU HAJI, MANAGER, AMLP SCHOOL,
KOTTOPADAM SOUTH, PALAKKAD-678 583.
2024:KER:75537
2
WP(C) Nos.9198 of 2013 & 28908 of 2015
8 T.MOIDUPPU, AGED 53 YEARS S/O.SAINUDHEEN HAJI,
MANAGER, AMLP SCHOOL, THIRUVAZHAMKUNNU,
PALAKKAD-678 601.
9 N.RAYUPPA, AGED 70 YEARS S/O.KAMMU MANAGER,
ALP SCHOOL, MURIYANKKANNI, PALAKKAD-678 601.
0 V.M.BHARGAVI AMMA, AGED 85 YEARS
D/O.V.M.AMMUKUTTY AMMA, MANAGER, AUP SCHOOL,
KUMARAMPUTHUR, PALAKKAD-678 583.
11 P.M.NOUSHAD, AGED 35 YEARS
S/O.ABDULKHADER, MANAGER, AMUP SCHOOL,
VAZHEMPURAM, PALAKKAD-678 595.
12 P.P.MOIDUTTY, MANAGER, AUP SCHOOL,
PAYYANEDAM, PALAKKAD DISTRICT-678 583.
13 M.CHANDRIKA, AGED 60 YEARS
D/O.M.K.CHATHUNNI PANICKER, MANAGER, ALP
SCHOOL, PALAKKAZHI, PALAKKAD DISTRICT-678 582.
14 U.K.SOMASEKHARAN, MANAGER, KRISHNA ALP SCHOOL,
ALANELLUR-678 601.
15 P.JAYASANKARAN
MANAGER,ALP SCHOOL, MUNDAKKUNNU,
EDATHANATTUKARA-678 602.
BY ADV SRI.T.A.RAJAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETRIAT, THIRUVANANTHAPURAM-695 001.
2 SPECIAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETRIAT, THIRUVANANTHAPURAM-695 001.
2024:KER:75537
3
WP(C) Nos.9198 of 2013 & 28908 of 2015
3 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM
4 THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD-678 014.
5 THE DISTRICT EDUCATIONAL OFFICER
PALAKKAD-678 014.
6 THE ASSISTANT EDUCATIONAL OFFICER
MANNARKKAD-678 582.
SRI.E.G.GORDEN, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH WP(C).28908/2015,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:75537
4
WP(C) Nos.9198 of 2013 & 28908 of 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 8TH DAY OF OCTOBER 2024 / 16TH ASWINA, 1946
WP(C) NO. 28908 OF 2015
PETITIONERS:
1 MANAGER, CHERAPURAM U.P. SCHOOL
CHERAPURAM PO, KAKKATTIL, KOZHIKODE 673 634
2 MANAGER, NARIPATTA U.P.SCHOOL, NARIPATTA,
KOZHIKODE 673 506.
3 CORPORATE MANAGER
A.M.U.P. SCHOOL, PARAMBIL KADAVU, PARAMBIL
KADAVU PO, KOZHIKODE PIN 673 012.
4 MANAGER, M.A.M.U.P.SCHOOL, PARAMBIL
KADAVU,CALICUT 673 012.
5 MANAGER,
VENGERI U.P.SCHOOL, VENGERI, CALICUT -10
6 MANAGER
MANNUR NORTH A.U.P.SCHOOL, MANNUR PO,
KOZHIKODE PIN 673 328.
7 MANAGER VILLIAPPALLY U.P.SCHOOL
VILLIAPPALLY PO, KOZHIKODE PIN 673 001.
8 MANAGER KUNNAMANGALAM A.M.L.P.SCHOOL
KUNNAMANGALAM P.O.KOZHIKODE PIN 673 571.
9 MANAGER, PERUMANNA A.L.P.SCHOOL,
P.O.PERUMANNA, KOZHIKODE 673 019.
BY ADVS.
SRI.JIJI THOMAS
2024:KER:75537
5
WP(C) Nos.9198 of 2013 & 28908 of 2015
SRI.JOHNY ANDREWS
SMT.SMITHA MATHEW
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS
SECRETARY, DEPARTMENT OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, 695 001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM. 695 001
3 DISTRICT EDUCATIONAL OFFICER
VATAKARA, KOZHIKODE 673 513
4 ASSISTANT EDUCATIONAL OFFICER
KUNNUMMAL, KOZHIKODE 673 513
5 ASSISTANT EDUCATIONAL OFFICER,
KOZHIKODE 673 001
6 ASSISTANT EDUCATIONAL OFFICER
KOZHIKODE RURAL, KOZHIKODE 673 001
7 ASSISTANT EDUCATIONAL OFFICER,
FEROKE, KOZHIKODE 673 631
8 ASSISTANT EDUCATIONAL OFFICER,
CHEVAYOOR, KOZHIKODE 673 017
9 ASSISTANT EDUCATIONAL OFFICER
THODANNUR, KOZHIKODE 673 541
10 ASSISTANT EDUCATIONAL OFFICER
KUNNAMANGALAM, KOZHIKODE 673 571
SRI.E.G.GORDEN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH WP(C).9198/2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:75537
6
WP(C) Nos.9198 of 2013 & 28908 of 2015
JUDGMENT
Dated this the 8th day of October, 2024 The captioned writ petitions are preferred by the Managers of the aided school being aggrieved by declining of approval of appointment made by them to the additional post of LPSA/UPSA consequent upon the promotion of the senior most teacher being appointed as the Headmaster of the School in the light of the Right to Education Act.
2. It is stated that on the enactment of Right of Children to Free and Compulsory Education Act to provide free and compulsory education to all children of the age of 6 to 14 years, many changes have been brought to the academic system. Accordingly, it is made as a right of every child of the age 6 to 14 years to have free and compulsory education in a neighbourhood school till the completion of elementary education. In compliance with the said Act, the State of Kerala also framed Rules, i.e., Kerala Right of Children to Free and Compulsory Education Rules, 2011. Accordingly, the sanction is accorded to dispense with the present system of holding class charges by Headmasters in 2024:KER:75537 7 WP(C) Nos.9198 of 2013 & 28908 of 2015 LP school and UP school. It was also accorded sanction for the creation of LPSA and UPSA on a temporary basis consequent to the exemption of class charges of Headteachers.
3. These regulations were outreached in the light of Ext.P1 Government Order, i.e., GO(P) No.256/11/G.Edn. Dated 28.12.2011. The aforementioned Government Order prescribes, as per the Right to Education Act, the schedule of norms and standards for a school stipulates to have an independent Head Teacher in all lower primary schools having more than 150 children and a full-time head teacher for all upper primary schools having above 100 children. The State Project Director, Sarva Siskha Abiyan has reported that, the Ministry of Human Resources Development, Government of India in the project approval board, 2011-12, has approved the appointment of 1322 independent head teachers to LP schools having enrollment over 150 and the appointment of 1322 independent head teachers to UP Schools having enrollment more than 100 at the rate of Rs.25,000/- per mensum towards their salary components.
2024:KER:75537 8 WP(C) Nos.9198 of 2013 & 28908 of 2015 The State Project Director has therefore, requested to accord sanction for appointing 1322 teachers in LP schools and 1355 head teachers in UP Schools.
4. In accordance with such report, sanction was accorded for the creation of posts of LPSA and UPSA on a temporary basis, wherever necessary consequent to the said exemption of class charges of head teachers (headmasters) and it is further clarified that such posts shall be filled up on daily wage basis during the current academic year.
5. The Government Order further directs, the Director of Public Instruction will furnish the details of schools and posts to the Government in due course. Further clarification was issued as per Ext.P2 Government Order whereby sanction is accorded to fill the resultant vacancies due to the exemption of head teacher (HM) from class charges on daily wage basis during the academic year 2012-23 in the schools where the strength exceeds 150 and 100 pupils respectively.
6. On the strength of these Government Orders, petitioners effected appointments on daily wage basis to the resultant vacancies where the head teachers were exempted 2024:KER:75537 9 WP(C) Nos.9198 of 2013 & 28908 of 2015 from the class charges. However, these appointments were rejected on the reasoning that no orders are in force to approve these appointments. It is argued by the petitioners that such contention taken by the educational authorities is against the mandate of Ext.P1 Government Order and that amounts to arbitrary and illegal.
7. I have heard Sri.T.A.Rajan, the learned counsel appearing for the petitioner in WP(C) No.9198/2013, Smt.Jijy Thomas Parambackal for the petitioners in WP(C) No.28908/2015 and Sri. V.Venugopal, the learned Government Pleader for the respondents.
8. It is a fact that the implementation of the Right to Education Act and corresponding rules were also framed by the State of Kerala. In the light of the changes made in accordance with the promulgation of the Act and Rules, Government accorded sanction to dispense with the present system of holding class charges by 1322 Head Masters in LP schools having more than 150 students and 1355 Head Masters in UP schools having more than 100 students. As a result, sanction is accorded for the creation of the post of 2024:KER:75537 10 WP(C) Nos.9198 of 2013 & 28908 of 2015 LPSA and UPSA on a temporary basis, wherever necessary, consequent to the exemption of class charges of head teachers (Headmasters). Such posts shall be filled up on a daily wage basis during the academic year 2010-2011, which was extended to subsequent years as per Ext.P2.
9. Accordingly, the Director of Public Instructions was directed to furnish details of schools and posts to the Government in due course. The schools so identified by the Director of Public Instructions and the salary quantified for such schools alone were permitted by the Government. The quantified amount has to be claimed by the Director of Public Instructions from Sarva Siksha Abhiyan and deposited to the Government Account for the purpose of disbursing the salary of teachers so appointed on a temporary basis as contemplated in the Government Order. The said disbursement shall be done using the Spark and through treasury.
10. It is to be noted that the said system was intended only for the Government Schools not meant for any aided schools under the respective managements. So, the 2024:KER:75537 11 WP(C) Nos.9198 of 2013 & 28908 of 2015 contentions of the management cannot be accepted that they are also entitled to make appointments if the vacancy arises due to the exemption of class charges of the head teacher. This position is already considered by this Court in WP(C) No.21406 of 2015 by judgment dated 14.11.2019 and it is clarified that:
"8. In my considered opinion, it is clear from Exts.P1 and P2, that the Government intends only to search out the Government schools in which the appointments are to be effected on the basis of Ext.P1 Government Order. The Government Schools forms a class by itself and it cannot be said that, since the aided schools are not granted the benefits of Exts.P1 and P3 orders there is unreasonable classification. It is well known that in Government Schools the children studying are mostly belonging to the marginal level, underprivileged, socially and economically backward as well as the children of Government employees, and similarly situated. Therefore, I have no doubt that the Government schools forming as a class by itself is to be treated so and accordingly it cannot be said that there is unreasonable classification on the part of the Government by granting benefits of Exts.P1 and P3 to the Government schools alone. This is exactly what is done by the Educational Authorities in 2024:KER:75537 12 WP(C) Nos.9198 of 2013 & 28908 of 2015 declining approval of the teacher in the proposal sought for by the Manager."
11. In the light of such findings, the writ petition was dismissed. On going by the facts of this case, it appears that the issue involved in these cases is squarely applicable to the facts of the writ petition cited above. Accordingly, these writ petitions also fail as there is no point in interfering with the orders of the educational authorities, who have rejected the approval of appointment made by the respective managements against the temporary vacancies created by them on exempting the Head Teacher/Head Master from the class charges.
Accordingly, writ petitions are dismissed.
sd/-
P.M.MANOJ JUDGE das 2024:KER:75537 13 WP(C) Nos.9198 of 2013 & 28908 of 2015 APPENDIX OF WP(C) 28908/2015 PETITIONER EXHIBITS P1- TRUE COPY OF THE GOVERNMENT ORDER DATED 28.12.2011 OF THE GENERAL EDUCATION (J) DEPARTMENT P2- TRUE COPY OF THE GOVERNMENT ORDER DATED 6.8.2012 OF THE GENERAL EDUCATION (J) DEPARTMENT P3- TRUE COPY OF THE CIRCULAR DATED 11.10.2012 OF THE GENERAL EDUCATION (J) DEPARTMENT P4- A COPY OF THE APPOINTMENT ORDER DATED 18.7.2013 P5- A COPY OF THE REJECTION ORDER DATED 26.12.2013 ISSUED BY THE 4TH RESPONDENT P6- A COPY OF THE REJECTION ORDER DATED 7.10.2014 ISSUED BY THE 3RD RESPONDENT 2024:KER:75537 14 WP(C) Nos.9198 of 2013 & 28908 of 2015 APPENDIX OF WP(C) 9198/2013 PETITIONER EXHIBITS EXHIBIT P1.TRUE COPY OF THE G.O.(P) NO.256/11/G.EDN DATED 28/12/2011. EXHIBIT P2.TRUE COPY OF THE G.O. (RT)NO.3778/12/G.EDN DATED 6/8/2012. EXHIBIT P3A.TRUE COPY OF APPOINTMENT ORDER DATED 9/1/2012 ISSUED BY THE 1ST PETITIONER. EXHIBIT P3B.TRUE COPY OF APPOINTMENT ORDER DATED 23/1/2012 ISSUED BY THE 2ND PETITIONER. EXHIBIT P3C.TRUE COPY OF APPOINTMENT ORDER DATED 4/6//2012 ISSUED BY THE 2ND PETITIONER. EXHIBIT P3D.TRUE COPY OF APPOINTMENT ORDER DATED 2/1/2012 ISSUED BY THE 3RD PETITIONER. EXHIBIT P3E.TRUE COPY OF APPOINTMENT ORDER DATED 2/1/2012 ISSUED BY THE 4TH PETITIONER. EXHIBIT P3F.TRUE COPY OF APPOINTMENT ORDER DATED 1/2/2012 ISSUED BY THE 5TH PETITIONER. EXHIBIT P3G.TRUE COPY OF APPOINTMENT ORDER DATED 1/2/2012 ISSUED BY THE 6TH PETITIONER. EXHIBIT P3H.TRUE COPY OF APPOINTMENT ORDER DATED 1/2/2012 ISSUED BY THE 7TH PETITIONER. EXHIBIT P3I.TRUE COPY OF APPOINTMENT ORDER DATED 7/1/2012 ISSUED BY THE 8TH PETITIONER. EXHIBIT P3J.TRUE COPY OF APPOINTMENT ORDER DATED 1/2/2012 ISSUED BY THE 9TH PETITIONER. EXHIBIT P3K.TRUE COPY OF APPOINTMENT ORDER DATED 25/6/2012 ISSUED BY THE 10TH PETITIONER.
2024:KER:75537 15 WP(C) Nos.9198 of 2013 & 28908 of 2015 EXHIBIT P3L.TRUE COPY OF APPOINTMENT ORDER DATED 1/2/2012 ISSUED BY THE 11TH PETITIONER. EXHIBIT P3M.TRUE COPY OF APPOINTMENT ORDER DATED 13/2/2012 ISSUED BY THE 12TH PETITIONER. EXHIBIT P3N.TRUE COPY OF APPOINTMENT ORDER DATED 9/1/2012 ISSUED BY THE 13TH PETITIONER. EXHIBIT P3O.TRUE COPY OF APPOINTMENT ORDER DATED 12/1/2012 ISSUED BY THE 14TH PETITIONER. EXHIBIT P3P.TRUE COPY OF APPOINTMENT ORDER DATED 9/1/2012 ISSUED BY THE 15TH PETITIONER. EXHIBIT P4A.TRUE COPY OF THE ORDER NO.L- DIS/D/168/12 DATED 3/7/2012 OF THE 5TH RESPONDENT ISSUED TO THE 1ST PETITIONER EXHIBIT P4B.TRUE COPY OF THE ORDER NO.L- DIS/D/168/12 DATED 3/7/2012 OF THE 5TH RESPONDENT ISSUED TO THE 1ST PETITIONER EXHIBIT P4C.TRUE COPY OF THE ORDER NO.L- DIS/D/313/12 DATED 7/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 2ND PETITIONER EXHIBIT P4D.TRUE COPY OF THE ORDER NO.L- DIS/D/1367/12 DATED 10/7/2012 OF THE 5TH RESPONDENT ISSUED TO THE 2ND PETITIONER EXHIBIT P4E.TRUE COPY OF THE ORDER NO.L- DIS/D/199/12 DATED 11/6//2012 OF THE 5TH RESPONDENT ISSUED TO THE 3RD PETITIONER EXHIBIT P4F.TRUE COPY OF THE ORDER NO.L- DIS/D/233/12 DATED 9/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 4TH PETITIONER EXHIBIT P4G.TRUE COPY OF THE ORDER NO.L- DIS/D/454/12 DATED 19/6/2012 OF THE 5TH 2024:KER:75537 16 WP(C) Nos.9198 of 2013 & 28908 of 2015 RESPONDENT ISSUED TO THE 5TH PETITIONER EXHIBIT P4H.TRUE COPY OF THE ORDER NO.L- DIS/D/453/12 DATED 19/6//2012 OF THE 5TH RESPONDENT ISSUED TO THE 6TH PETITIONER EXHIBIT P4I.TRUE COPY OF THE ORDER NO.L- DIS/D/625/12 DATED 19/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 7TH PETITIONER. EXHIBIT P4J.TRUE COPY OF THE ORDER NO.L- DIS/D/209/12 DATED 13/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 8TH PETITIONER. EXHIBIT P4K.TRUE COPY OF THE ORDER NO.L- DIS/D/419/12 DATED 7/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 9TH PETITIONER. EXHIBIT P4L.TRUE COPY OF THE ORDER NO.L- DIS/D/1634/12 DATED 25/7/2012 OF THE 5TH RESPONDENT ISSUED TO THE 10TH PETITIONER. EXHIBIT P4M.TRUE COPY OF THE ORDER NO.L- DIS/D/1362/12 DATED 3/7//2012 OF THE 5TH RESPONDENT ISSUED TO THE 11TH PETITIONER. EXHIBIT P4N.TRUE COPY OF THE ORDER NO.L- DIS/D/480/12 DATED 11/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 12TH PETITIONER. EXHIBIT P4O.TRUE COPY OF THE ORDER NO.L- DIS/D/246/12 DATED 19/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 13TH PETITIONER. EXHIBIT P4P.TRUE COPY OF THE ORDER NO.L- DIS/D/146/12 DATED 19/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 14TH PETITIONER. EXHIBIT P4Q.TRUE COPY OF THE ORDER NO.L- DIS/D/278/12 DATED 13/6/2012 OF THE 5TH RESPONDENT ISSUED TO THE 15TH PETITIONER. EXHIBIT P5.TRUE COPY OF THE JUDGMENT IN WPC 2024:KER:75537 17 WP(C) Nos.9198 of 2013 & 28908 of 2015 NO.26008/2012 PASSED BY THIS HONOURABLE COURT DATED 6/11/2012.
EXHIBIT P6.TRUE COPY OF THE G.O. (RT)NO.107/2013/G.EDN DATED 7/1/2013.