Kerala High Court
B.Unnikrishnan Nair vs The State Of Kerala on 10 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:12319
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 5476 OF 2020
PETITIONER:
B.UNNIKRISHNAN NAIR,
AGED 63 YEARS,
MANAGER,
MANNAM MEMORIAL HIGH SCHOOL,
NAIRYAMPARA P.O., KATTAPPANA,
IDUKKI DISTRICT.
PIN-685 511.
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY GENERAL
EDUCATION DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE DIRECTOR,
GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM,
PIN-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
IDUKKI.
4 THE DISTRICT EDUCATIONAL OFFICER
KATTAPPANA, IDUKKI.
2026:KER:12319
W.P.(C) No.5476/2020
:2:
BY ADV.
SRI.V.VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:12319
W.P.(C) No.5476/2020
:3:
JUDGMENT
Dated this the 10th day of February, 2026 The petitioner, who is Manager of an Aided School, states that he had appointed one Anitha K.R. as Lower Primary School Teacher with effect from 23.07.2018 in an existing vacancy which was adjudged to be available from the academic year 2011-2012 and continued as such till the date of Staff Fixation Order for the period upto the academic year 2018-2019 from the academic year of 2011-2012.
2. This is because of the direction of this Court which has been ultimately confirmed by the Hon'ble Apex Court that in effectuation of the right to Free and Compulsory Education Act and the Rules thereunder and also the Kerala Education Act and Rules, the ratio between the pupil-teacher (PTR) is to be reassessed from the academic year 2011-2012.
2026:KER:12319 W.P.(C) No.5476/2020 :4:
3. As per the said decision of this Court confirmed by the Hon'ble Apex Court the ratio shall be 1:30 for Standard I to V and 1:35 for Standard VI to VIII. The petitioner's school has been reassessed in 2018 in accordance with the said decision and additional vacancies were sanctioned from 2011-2012 onwards.
4. To one of these vacancies the said Anitha K.R. has been appointed. But there is a wrong endorsement by the 4th respondent in the fixation order that 2016 Government Order will apply for the vacancies of the academic year 2011-2012 to 2016-2017. This is incorrect and the orders based on such conception resulting in Exts.P1, P3, P4 and P7 is to be set aside, contends the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. I find that Ext.P7 is an order purportedly passed by the Government on a statutory revision petition filed 2026:KER:12319 W.P.(C) No.5476/2020 :5: by the Manager. Ext.P7 is in the nature of a letter / communication. A full bench of this Court has held in the judgment in Sudheer T. v. M.V.Susheela and others [2009 (4) KLT 29] that decisions of the Government should be in the prescribed form adhering to the rules of business of the Government.
7. A statutory revision cannot be disposed of in the manner as has been done in Ext.P7 throuh a letter signed by the Under Secretary.
For the afore reasons, Ext.P7 is set aside. The 1 st respondent is directed to reconsider the revision petition dated 21.10.2019 referred to in Ext.P7 and pass orders afresh within a period of three months.
Sd/-
N. NAGARESH JUDGE SR 2026:KER:12319 W.P.(C) No.5476/2020 :6: APPENDIX OF WP(C) NO. 5476 OF 2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.B5/19166/2018/K.DIS. DATED 4.4.2019 PASSED BY THE ADMINISTRATIVE ASSISTANT OF THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/GEN.EDN DATED 8.3.2019 OF THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.B1/2339/2019/K.DIS DATED 25.5.2019 OF THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.DGE6781/2019-EC2 DATED 20.6.2019 OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER ON
21.10.2019 BEFORE THE IST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER
NO.EC(2)/90906/2017 DPI/K.DIS DATED
8.6.2018 OF THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION OF
DECISION DATED 30.12.2019 FROM THE IST RESPONDENT TO THE PETITIONER.