Kerala High Court
The Manager ( Mohsin M) vs The State Of Kerala on 6 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:11242
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 4454 OF 2026
PETITIONER:
THE MANAGER (MOHSIN M),
AGED 61 YEARS, S/O HAJI M MUHAMMAD HANEEFA
PHMKMV & HSS, PANAVOOR, ATTINGAL EDUCATIONAL
DISTRICT , THIRUVANANTHAPURAM DISTRICT
(RESIDING ANSHA MANZIL, VAZHODE PANAVOOR P O
NEDUMANGAD THIRUVANANTHAPURAM DISTRICT-695 568)
BY ADVS.
SHRI.V.A.MUHAMMED
SRI.M.SAJJAD
SMT.P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
ANNEXE-II, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), NEW BUILDING, ULLOOR
LANE, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
W.P.(C)No.4454 of 2026
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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001.
BY ADV.SRI.V VENGUPOGAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 6th day of February, 2026 The petitioner is the Manager of PHMKMV and HSS, Panavoor, an Aided School, in terms of the Kerala Education Act and Rules situated in Attingal Educational District.
2. The petitioner is aggrieved by non- sanctioning of the post of HSST Junior (Hindi) in the School by the respondents, though 12 periods are available for Hindi and one Guest Lecturer is permitted and paid for the last six years. Non-sanctioning of the post is apparently for the reason of financial crunch. It has been held by this Court that financial exigencies cannot be a reigning concern in interpreting statutory rules and notification. It is also held by this Court that salary cannot be denied to HSSTs on the ground of financial crunch, contends the petitioner. W.P.(C)No.4454 of 2026 :4:
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3. It has been held by this Court in W.P.(C) No.41279/2017 and connected case that an HSST (Junior) post shall be sanctioned when the workload per week exceeds six periods. A writ appeal filed against the said judgment was dismissed. Hence, the post of HSST (Hindi) Junior sought for by the petitioner shall be granted by the respondents, Statutewise and Judgmentwise.
4. The petitioner's School was upgraded as HSS as per Government Order dated 24.11.2024. The Higher Secondary wing of the School was granted with one Science Batch and one Commerce Batch. Posts were created in Science Batch as per Government Order dated 21.08.2017 and the Commerce batch as per Government Order dated 06.02.2019. As per Exts.P5 and P6, only one Malayalam HSST post (language) is sanctioned.
5. The HSST Junior post of Hindi is not sanctioned by the respondents though there are more than 12 periods per week as per the timetable in the Higher W.P.(C)No.4454 of 2026 :5: 2026:KER:11242 Secondary. Guest Lecturer is permitted and paid for Hindi for the workload of Hindi in Higher Secondary sanctioned post. Facts being so, the petitioner moved the respondents to sanction one post of HSST(Jr) Hindi in the School.
6. The Government have called for remarks from respondents 2 and 3 over Exts.P28 and P29. It would also appear that they have reported it positively to the Government explaining the fact situation of work load of Hindi in Higher Secondary as also the number and details of the students who had been learning Hindi Language in Higher Secondary. But, the request for sanctioning a HSST Junior post for Hindi was declined by the Government as a letter in a single sentence on the ground of financial crunch.
7. The petitioner submitted that Ext.P31 is highly arbitrary and grossly illegal. It was issued in violation of the Principles of natural justice as well. Government are not justified in issuing a letter over Exts.P28 and P29. Going by the Rules of Business of the Government of Kerala, they W.P.(C)No.4454 of 2026 :6: 2026:KER:11242 are expected to issue order in the name of the Governor of Kerala. Hence, Ext.P31 is hit by the Bench Decision of this Court reported in Sudheer T. v. M.V.Susheela and others [2009 (4) KLT 29]. Ext.P32 is also hit by the decision of this Court covered by Exts.P1 to P3.
8. The Government have discriminated the petitioner with other similarly situated Aided School Managements in the matter of grant of HSST post for language. As per Ext.P33, one HSST (Malayalam) and HSST (Hindi) post each are created in Chappanangadi Higher Secondary School and Nanniyode Higher Secondary School. Ext.P31 is contrary to Exts.P32 and P33. Thus, there is conscious maltreatment and discrimination. It is violation of Articles 14 and 16 of the Constitution of India, contends the petitioner.
9. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents.
W.P.(C)No.4454 of 2026:7:
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10. The prayer of the petitioner is to direct the 1st respondent to sanction one post of HSST Junior (Hindi) in the petitioner's School. It is seen that the Government have call for remarks from respondents 2 and 3 and it was reported positively to the Government explaining the fact situation of the workload of Hindi in Higher Secondary as also the number and details of the students who had been learning Hindi. The request has been declined in the form of a letter and in a single sentence on the ground that the Government is facing financial crunch.
11. This Court, in Ext.P32 judgment of this Court in Sudheer T. (supra), has held that a decision of the Government on a statutory revision petition should be taken and communicated in accordance with the procedure prescribed. Though the decision is to be taken by the Government, Ext.P31 does not indicate that it has been taken at the Government level and the request has been declined simply stating that the financial position of the W.P.(C)No.4454 of 2026 :8: 2026:KER:11242 Government does not permit.
12. As the petitioner's School is an Aided School, if the School is eligible for sufficient number of posts, sanction cannot be declined on the ground that there is financial difficulties. In the circumstances, I am of the view that Ext.P31 requires reconsideration.
13. Ext.P31 is set aside. The 1st respondent is directed to reconsider the matter and pass appropriate reasoned orders within a period of three months, taking note of Exts.P1 to P3, P7 to P11, P33 and P34 also.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.4454 of 2026 :9: 2026:KER:11242 APPENDIX OF WP(C) NO. 4454 OF 2026 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE DECISION REPORTED IN 2013 KHC 3670 (THOMAS K L V. STATE OF KERALA) DATED 14.08.2013 Exhibit P-2 TRUE COPY OF THE DECISION REPORTED IN 2007(2) KLT SN1= 2006 KHC 1781 (STATE OF KERALA AND OTHERS V. DAISY K. V. AND OTHERS) DATED 18.08.2006 Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 41279/2017 DATED 03.10.2018 Exhibit P-4 TRUE COPY OF THE G.O(MS) NO.
247/2014/G.EDN. DATED 24.11.2024 Exhibit P-5 TRUE COPY OF THE G.O(MS) NO.
106/2017/G.EDN. DATED 21.08.2017 Exhibit P-6 TRUE COPY OF THE RELEVANT PAGES OF G.O(MS) NO. 14/2019/G.EDN. DATED 06.02.2019 Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2017-18 VIDE ORDER NO. TRO/6/8911/HSE/2017 DATED 18.11.2017 OF THE RDD HSE , THIRUVANANTHAPURAM Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2018-19 VIDE ORDER NO. TRO-06/5265/HSE/2019 DATED 23.03.2020 OF THE RDD HSE , THIRUVANANTHAPURAM Exhibit P-9 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2020-21 VIDE ORDER NO. TRO-06/5080/2021/HSE DATED 24.06.2022 OF THE RDD HSE , THIRUVANANTHAPURAM Exhibit P-10 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2021-22 VIDE ORDER NO. TRO-06/5625/2019/HSE DATED 23.11.2023 OF THE RDD HSE , THIRUVANANTHAPURAM Exhibit P-11 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE ORDER NO. RDDHSE/TVM/940/2025-TRO-6 DATED 16.06.2025 OF THE RDD HSE , THIRUVANANTHAPURAM Exhibit P-12 TRUE COPY OF THE PROCEEDINGS OF THE W.P.(C)No.4454 of 2026 :10: 2026:KER:11242 RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-6/2045/2017/HSE DATED 05.04.2017 Exhibit P-13 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO/2045/2017/HSE DATED 15.12.2017 Exhibit P-14 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-06/2093/2018/HSE DATED 04.04.2018 Exhibit P-15 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-06/1877/2019/HSE DATED 27.05.2019 Exhibit P-16 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-06/506/2020/HSE DATED 05.07.2021 Exhibit P-17 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-6/3341/2022/RDD/HSE DATED 27.07.2022 Exhibit P-18 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-6/4882/2024/ RDD/HSE DATED 01.09.2025 Exhibit P-19 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE, THIRUVANANTHAPURAM VIDE ORDER NO. TRO-06/6236/2024/ RDD/HSE DATED 25.09.2025 Exhibit P-20 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES OF THE SCHOOL DATED 24.11.2017 Exhibit P-21 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES OF THE SCHOOL DATED 19.12.2017 Exhibit P-22 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES OF THE SCHOOL DATED 07.04.2018 Exhibit P-23 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES OF THE SCHOOL W.P.(C)No.4454 of 2026 :11: 2026:KER:11242 DATED 14.06.2019 Exhibit P-24 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES WITH RESPECT TO THE SMT. SHEEJA A Exhibit P-25 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES WITH RESPECT TO THE SMT.ASHA I Exhibit P-26 TRUE COPY OF THE PROCEEDINGS OF THE HEADMASTER VIDE ORDER NO. C/26/2025 DATED 24.10.2025 Exhibit P-27 TRUE COPY OF THE PAY AND ALLOWANCES FOR TEMPORARY EMPLOYEES OF THE SCHOOL DATED 19.12.2025 Exhibit P-28 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 18.02.2019 Exhibit P-29 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 07.07.2022 Exhibit P-30 TRUE COPY OF THE LETTER NO.
ACD3/252446/202/DGE/HSE DATED 01.08.2024 OF THE DIRECTOR OF GENERAL EDUCATION ADDRESSING THE GOVERNMENT Exhibit P-31 TRUE COPY OF THE LETTER NO.
A2/199/2024/G.EDN. DATED 23.01.2025 OF THE SECRETARY ADDRESSING THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING) Exhibit P-32 TRUE COPY OF THE DECISION REPORTED IN 2009 (4) KLT 29 = 2009(3) KHC 991 ( SUDHEER T V. M.V. SUSHEELA AND OTHERS) DATED 09.09.2009 Exhibit P-33 TRUE COPY OF THE G.O(MS) NO.
166/2020/G.EDN. DATED 23.10.2020 Exhibit P- 34 TRUE COPY OF THE DECISION REPORTED IN 2025 KHC ONLINE 2098 ( CORPORATE MANAGER V. STATE OF KERALA) DATED 02.04.2025