IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WA.No. 672 of 2010() -------------------- APPELLANT(S):RESPONDENTS 1 TO 4:- ------------------------------------------------------ 1. THE STATE OF KERALA, REP: BY ITS SECRETARY TO DEPARTMENT OF SCHOOL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, ERNAKULAM. 4. DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. BY GOVERNMENT PLEADER SHRI.LAKSHMI NARAYANAN. RESPONDENT(S):PETITIONERS:- --------------------------------------------- 1. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI BISHOP'S HOUSE, PALA P.O., KOTTAYAM DISTRICT, REP: HIS POWER OF ATTORNEY HOLDER FR.JOSEPH ENTHANAL, SHALOM PASTORAL CENTRE, PALAI P.O., KOTTAYAM DISTRICT. 2. JOLLY PHILIP, H.S.A. (MATHEMATICS), SPHS, MUTHOLAPURAM, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV.SHRI.GEORGEKUTTY MATHEW. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.A.No.672 of 2010 ============================================ Dated this the 21st day of May, 2010. JUDGMENT Ramachandran Nair, J. This appeal is filed against the judgment of the learned single Judge upholding first respondent's claim for staff fixation with the second respondent as a High School Teacher. Government Pleader submitted that the first respondent was running a Girls' High School and when Government permitted admission of boy students in the 8th standard of the said school, it was specifically stated that the permission is granted on condition that the same will not lead to any additional financial commitments for the Government. Admittedly, the first respondent is an aided school where salary to the teaching staff is paid by the Government. If admission of WA672/10 -:2:- boys in the Girls' High School leads to enhancement of student strength in relation to the teacher strength, necessarily, additional teachers have to be appointed and the condition in the G.O. is not workable. The reliance on Rule 12(2) of the K.E.R. has no application because, it applies to admission of boys below the age of 12 upto the 7th standard. Therefore, the order issued by the Government should be taken as one under Rule 3 Chapter I, which provides power to the Government to pass appropriate orders in respect of any school. Consequent to the G.O. in 2004, the school has ceased to be a Girls' High School and has become a mixed school, both for boys and girls. Being an aided school, necessarily the Government will have to meet the salary and additional cost for additional staff, provided, the teachers are appointed consistent with the norms for WA672/10 -:3:- appointment based on the student strength in the school. We do not think any restrictive condition could be imposed by the Government against the management because, after permitting admission of boy students in a Girls' High School, Government cannot expect the school to be run without the required staff strength. Therefore, when student strength is allowed to be increased, it necessarily follows that the management has right to appoint teachers required under the norms keeping in mind the student strength of the school. We, therefore, find no merit in this Writ Appeal and the same is accordingly dismissed. C.N.Ramachandran Nair, Judge. sl. P.S.Gopinathan, Judge.