Kerala High Court
Vaishak S.Kurup vs State Of Kerala on 27 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:6696
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 1060 OF 2025
PETITIONER:
VAISHAK S.KURUP
AGED 30 YEARS
S/O.GEETHA V., MANAGER, S.K.V.L.P.S.,
KANJIRATHINKAL, MEYYANOOR, KOLLAM,
RESIDING AT LEKSHMI MANDIRAM, KOTTARA,
MEYYANOOR, KOLLAM, PIN - 691537
BY ADVS.
SRI.B.MOHANLAL
SMT.P.S.PREETHA
SRI.ASWIN V. NAIR
SRI.KARTHIK J SEKHAR
SRI.ABIJITH M.
SMT. AVANI NAIR
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
GENERAL EDUCATION DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
2026:KER:6696
WP(C) No.1060 of 2025
2
3 THE DEPUTY DIRECTOR OF EDUCATION
GENERAL EDUCATION DEPARTMENT,
THEVALLY P.O., KOLLAM, PIN - 691009
4 THE ASSISTANT EDUCATIONAL OFFICER
VELIYAM, VELIYAM P.O.,
KOTTARAKKARA, KOLLAM, PIN - 691540
5 THE HEADMISTRESS
S.K.V.L.P.S., KANJIRATHINKAL,
MEYYANOOR, KOLLAM, PIN - 691537
BY ADV.
SRI.PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.1060 of 2025
3
JUDGMENT
Dated this the 27th day of January, 2026 The petitioner, who is the approved Manager of the Aided School, SKVLPS, Kanjirathinkal, Meyyannoor, Kollam, submits that the 4th respondent issued Ext.P1 Staff Fixation Order for the Academic Year 2023-2024. As per Ext.P1, there were 35 students as per the sixth working day report and 32 students with valid UID, based on which nine regular posts of LPST, including Junior Language Teacher (Arabic), were sanctioned.
2. The rivals of the petitioner submitted a complaint against the petitioner, pursuant to which the Super Check Cell attached to the office of the 2 nd respondent conducted surprise inspections in the School on 27.02.2024 2026:KER:6696 WP(C) No.1060 of 2025 4 and 07.03.2024. It was found that 10 students were absent, whereupon the 2nd respondent issued Ext.P2 Show-cause Notice. The petitioner and the 5th respondent submitted Exts.P3 and P4 objections refuting the allegations.
3. The 2nd respondent, without considering the valid contentions raised by the petitioner, passed Ext.P6 order directing retention of two divisions in Standard III, revising the staff fixation, cancelling one post of LPST in the School for the Academic Year 2023-2024 and directing the 4th respondent to take action against the persons responsible for bogus admissions. Against Ext.P6, the petitioner filed Ext.P9 Revision Petition before the Government, which stands dismissed by Ext.P10 order.
4. In the affidavit filed by the Government before the Hon'ble Apex Court in the civil appeal, it was reiterated that after much thought and deliberation, the Government had formulated a scientific method to resolve 2026:KER:6696 WP(C) No.1060 of 2025 5 issues arising from Staff Fixation Orders every year, whereby the number of students in Schools could be determined through Unique Identification Card (UID) Technology and the number of divisions arrived at on the basis of the revised Pupil-Teacher ratio.
5. The respondents ought to have found that admittedly, as per Exts.P1, P5, P6, and P10, the sixth working day report and UID show that there were 35 students in Standard I, of whom 32 had valid UID and therefore, there was no justification for the reduction of one LPST post in Standard I in the School.
6. The terms in G.O.(P) No.213/2015/G.Edn dated 06.08.2015 were considered by this Court in W.P.(C) No.19008 of 2013 and connected cases, wherein it was held that Clause (4) of the Government Order is with respect to determination of student strength on the basis of the UID on 2026:KER:6696 WP(C) No.1060 of 2025 6 the sixth academic day and the declaration in lieu of that, which brooks of no dispute.
7. Admittedly, the alleged inspections were conducted by the 2nd respondent on 27.02.2024 and 07.03.2024 in respect of the Academic Year 2023-2024 and any orders were to be issued for the same academic year on or before 31.03.2024. Ext.P6 order was issued after the expiry of the academic year on 10.07.2024 and Exts.P6, P8, and P10 declined to retain the existing division in the School as per Ext.P1 for the Academic Year 2023-2024.
8. The respondents, in Exts.P1, P5, P6, and P10, found that the sixth working day report and UID show the existence of 35 students in Standard I, of whom 32 students had valid UID. The respondents, without scrupulously following the sixth working day report, UID and Ext.P7 amended Rules of KER in force, passed Exts.P6, P8, and P10 2026:KER:6696 WP(C) No.1060 of 2025 7 orders declining to retain one division in Standard I and one post in the School. The impugned orders have no legal backing in the eyes of law and are liable to be set aside, contends the petitioner.
9. Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that a division of the School was reduced on the basis of the number of students and based on the UID uploaded by the Manager. The respondents have not brought any legal grounds to unsettle Ext.P10 Government Order.
10. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.
11. The petitioner would urge that respondents ought to have found that in terms of G.O.(P) No.213/2015/G.Edn dated 06.08.2015, this Court has held that Clause (4) of the Government Order is with respect to the 2026:KER:6696 WP(C) No.1060 of 2025 8 determination of student strength and on the basis of UID on the sixth academic day and declaration in lieu of that, which brooks of no dispute.
12. The petitioner has specifically urged that in the judgment in Kerala Aided LP and UP School v. State of Kerala [2016 (1) ILR (Kerala) 590], it was held that appointments are to be made in accordance with the newly introduced Rule 12, from the Academic Year 2015-2016. The judgment speaks of Staff Fixation Orders based on student strength, as determined from the UID of students, the details of which are to be uploaded by the School and logged in on or before 5.00 p.m. of the sixth working day and the DEO / AEO is required to issue the Staff Fixation Order by 15 th July of every year.
13. Paragraph 82 of the judgment also reiterated as follows: "The unamended Rule 12 provided for a further verification of the strength at the higher level by the District 2026:KER:6696 WP(C) No.1060 of 2025 9 Educational Officer in the case of Lower Primary and Upper Primary Schools and Deputy Director of Education in the case of High Schools, wherever additional staff are found necessary after a one day verification, as above referred." It was also provided that the final orders shall be issued only on such re-verification of strength. Such a provision is not available in the amended Rule and the staff fixation orders made by the Educational Officers as provided now cannot be interfered with by a higher level verification, as provided in the executive order. Clause (5) of Paragraph IV of the aforesaid Government Order speaks of such a higher level verification, which cannot be permitted to interfere with the statutory orders of staff fixation passed under the amended Rule 12. However, the Super-check as provided in the general instructions of the above Government Order cannot be interfered with, since Rules 12C and 12E read with Rules 16 and 15 is still retained in Chapter XXIII. Hence, a Super-check 2026:KER:6696 WP(C) No.1060 of 2025 10 could be conducted. But, a higher level verification would not be possible. Paragraphs V, VI, VIII, IX, X and XI need not be looked into. These aspects of the matter was not considered by the respondents while passing Exts.P6, P8 and P10 orders, the impugned orders are liable to be set aside.
14. Perusing Ext.P10, I find that the Government has not adverted to the afore position. The Government has made it clear that the Super-check as provided in the general instructions of the Government Order cannot be interfered with. A higher level verification is not permissible.
15. In view of the categorical assertions made by the petitioner, I am of the view that Ext.P10 requires reconsideration. Ext.P10 is therefore set aside. The 1st respondent is directed to reconsider Ext.P9 Revision Petition and pass appropriate orders taking note of the judgment of this Court in Kerala Aided LP and UP School (supra). Orders shall be passed within a period of four 2026:KER:6696 WP(C) No.1060 of 2025 11 months after giving opportunity of hearing to the petitioner.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:6696 WP(C) No.1060 of 2025 12 APPENDIX OF WP(C) NO. 1060 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE STAFF FIXATION ORDER NO.F/61442/2023 DATED 21.08.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE NO:SC(2)/2518674/2024/DGE DATED 16/04/2024 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE OBJECTION DATED 05/2024 SUBMITTED BY THE PETITIONER AGAINST EXT.P2 BEFORE THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE OBJECTION DATED 05/2024 SUBMITTED BY THE 5TH RESPONDENT AGAINST EXT.P2 BEFORE THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE 6TH WORKING DAY REPORT OF THE SCHOOL FOR THE ACADEMIC YEAR 2023-2024 MANAGED BY THE PETITIONER UPLOADED THROUGH SAMPOORNA WEBSITE PORTAL Exhibit P6 THE TRUE COPY OF THE ORDER NO:SC(2)/2518674/2024/DGE DATED 10/07/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE G.O. (P)NO:5/2022/GEDN. DATED 18/04/2022 IN SRO.375/2022 PUBLISHED BY THE GOVERNMENT IN THE GAZETTE DATED 20/04/2022 Exhibit P8 THE TRUE COPY OF THE STAFF FIXATION ORDER NO:F/746359/2024 DATED 15/07/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P9 THE TRUE COPY OF THE MEMORANDUM OF 2026:KER:6696 WP(C) No.1060 of 2025 13 REVISION DATED 26/07/2024 FILED BY THE PETITIONER AGAINST EXT.P6 ORDER BEFORE THE GOVERNMENT Exhibit P10 THE TRUE COPY OF THE ORDER G.O. (RT)NO:8659/2024/G.EDN. DATED 09/12/2024