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4. It is submitted that posts are created taking into account the number of students, educational need, academic interests and the financial status of Government. The creation of posts is purely a policy decision of the Government. While sanctioning of Higher Secondary batches it was specifically ordered that the classes will be conducted by appointing Guest Lecturers, Posts can be created after careful consideration of financial Position of the Government also. Creation of posts leads to additional financial commitment to the Government. At present, due to financial constraints, Government decided not to create the post. In order to protect the interest of the students of the school, the Government have permitted to make an appointment on daily wage basis (Guest Lecturer).

6. It is submitted that the appellant was appointed as HSST (Junior) Malayalam in the School since 29.06.2017 by the Manager on daily wage basis. Appointment on daily wage basis is not considered for regular appointment. Appointment of appellant as HSST(Jr.) Malayalam in the school was not as per the rules.

7. It is submitted that the Government create the post taking into account the number of students, educational need, academic interests and the financial status of the Government. HSST (Jr) Malayalam post is not created in this school, however the interest of students in the school is protected by granting permission to make appointment of Guest Lecturer. Manager has authority to make regular appointments only after the post is created by the Government. Creation of posts is purely a policy decision of the Government. While sanctioning of Higher Secondary batches it was specifically ordered that the classes will be conducted by appointing Guest Lecturers. Posts can be 2026:KER:18395 created after careful consideration of financial Position of the Government also, Creation of Posts leads to additional financial commitment to the Government.

8. It is submitted that under Kerala Education Rules, the creation of teaching posts in aided Higher Secondary Schools is the exclusive prerogative of the Government, based on sanctioned batches, workload norms and financial capacity. No provision of the Rules gives the Manager a right to demand creation of a post solely because the Manager has appointed a teacher or because workload is claimed to exist.

9. It is submitted that as Per provisions of law, an appointment cannot be made to a post which is not sanctioned by the Government. The petitioner's appointment was made to a non-existent post and is therefore void abinitio. KER does not recognize any claim by a daily wage/guest teacher to seek regular appointment or to seek post creation for validating such engagement. It is well settled that an appointment made dehorse the Statutory provisions and not against a sanctioned post does not confer any right to regularization."

9. The learned Senior Government Pleader would submit that by Ext.P2 order, the Manager has unilaterally made appointment of the petitioner in a non-sanctioned post. The creation of a post in a Higher Secondary School is the policy decision of the Government, and without a sanctioned post, a teacher cannot be appointed, only for the reason that there are sufficient teaching hours for the creation of a post of HSST (Jr). The interest of the students is protected by the Government by W.A.Nos.1419 and 1423 of 2025 17 2026:KER:18395 permitting a daily wage appointment.