IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WA.No.1326 of 2008 (C) ----------------------------- AGAINST THE JUDGMENT IN WPC.9352/2007 Dated 10/12/2007 .................... APPELLANTS: RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 3. THE ASSISTANT EDUCATIONAL OFFIER, ATTINGAL. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENT: PETITIONER -------------------------------- A.A. HAMEED, MANAGER, AZAD MEMORIAL L.P SCHOOL, PERUMKULAM, RESIDING AT TAJ MANZIL, PERUMKULAM.P.O, ATTINGAL. BY ADV. SRI.K.JAJU BABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.1326 of 2008 ------------------------------------------------ Dated this the 13th day of August, 2008 JUDGMENT J. B. Koshy, J During the academic year 2005-06, the respondent/petitioner's school had 13 divisions with 12 posts of LPSA's, 2 posts of Arabic Teachers and a Headmaster. On verification of the staff strength in the year 2006-07, there were 562 students warranting 14 class divisions. But in a Higher Level Verification conducted on 18/09/06, there were only 457 students. Therefore, only 12 divisions were sanctioned. The Manager of the School represented that as there was heavy rain on that particular day of Higher Level Verification and the school is situated in the W. A. No.1326 of 2008 -2- moffusil area, the students could not attend on that day. Therefore, re-verification was conducted and it was found that as on the first working day of the year the students' strength justifies warranting 14 divisions. Excess number of students in a class will deter the standard of education. Therefore, learned Single Judge found that 14 divisions are to be sanctioned in the school. 2. It is the contention of the appellant that under Rule 12 of Chapter XXIII KER on the basis of re-verification, staff fixation cannot be changed. But in the original verification conducted on the sixth working day of the year, there was 562 students warranting 14 divisions. Therefore, even W. A. No.1326 of 2008 -3- applying the ratio based on the appellant's contentions, 14 divisions are warranted in the school. The learned Single Judge only followed the ratio in the judgment in O.P.18651/2000. The above judgment was not appealed against. 3. In the above circumstances, we see no ground to interfere with the impugned judgment delivered by the learned Single Judge. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-