IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 19177 of 2005(G) ---------------------------------------- PETITIONER(S): ----------------------- MANAGER, K. HIGHER SECONDARY SCHOOL, THOTTARA, PALAKKAD. BY ADV. MR.PAULSON THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMSENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDRY EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19177/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(MS) NO. 3480/2000/G.EDN. DTD. 19.8.2000. P2:- COPY OF THE G.O.(MS) NO.18/91/G.EDN. DTD. 1.2.1991. P3:- COPY OF THE GO(MS) NO.110/1999/G.EDN. DTD. 13.5.1999. P4:- COPY OF THE GO(MS) NO.153/2000/G.EDN. DTD. 19.5.2000. P5:- COPY OF THE GO(MS) NO.344/2001 G.EDN. DTD. 26.11.2001. P6 SERIES:- COPIES OF THE PROPOSALS REGARDING THE APPOINTMENT OF LAB ASSISTANTS, SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P7:- COPY OF THE GO(MS) NO.79/2003/G.EDN. DTD. 28.3.2003. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE IST RESPONDENT DTD. 19.10.2004. P9:- COPY OF THE JUDGMENT PASSED BY THIS COURT IN WPC 328/05 DTD. 5.1.05. P10:- COPY OF THE ORDER ISSUED BY IST RESPONDENT DTD. 27.4.2005. P11:- COPY OF THE GO(MS) NO.299/04/G.EDN. DTD. 24.9.2004. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19177 of 2005-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2009. JUDGMENT The petitioner is the Manager of a Higher Secondary school. Aggrieved by Ext.P10 order passed by the Government refusing to sanction additional posts in the cadre of Lab Assistant, the petitioner has approached this Court by filing this writ petition. 2. The petitioner has produced Ext.P1 order regarding the sanction of different batches to the petitioner's school. Going by Ext.P1, there is a combination in respect of one Science batch including Computer Science and the Commerce combination is in respect of Computer Application. There is another Science batch including Electronics. The petitioner submits that in the light of the sanction of the additional batches, the petitioner is entitled to be sanctioned three posts of Lab Assistants. Ext.P7 is the order by which the Government sanctioned two posts of Lab Assistants in the Government/aided Higher Secondary Schools which have Science batches and where no posts of Lab Assistants were created previously. In Ext.P8 representation the petitioner seeks to sanction the post of One Lab Assistant as prescribed in the Special Rules in respect of wpc 19177/2005 2 each of the laboratories in the newly introduced subjects, viz. Electronics, Computer Science/Computer Application and Geology. 3. By Ext.P11, the Government created the supernumerary posts of Lab Assistants in aided sector having Science batches subject to a maximum of four Lab Assistants in each school so as to regularise the appointments made till 28.3.2003. 4. In the counter affidavit filed by the first respondent, various steps taken by the Government in the matter, have been explained. It is pointed out that in terms of the Govt. Orders dated 19.8.200 and 24.9.2004, the maximum number of posts sanctioned is four and this is meant to regularise the appointments made till 28.3.2003. There is no dispute that in the case of the petitioner's school, four posts created as per Ext.P1, have been sanctioned. There is also no dispute that the creation and sanctioning of posts requires a decision on the part of the competent authority and going by Exts.P7 and P11, the maximum number of posts sanctioned is four in the cadre of Lab Assistants. Therefore, there is no scope for sanctioning of additional posts at this stage. The writ petition is therefore dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/