IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 26405 of 2005(R) --------------------------------------- PETITIONERS: --------------------- 1. RESHMA. K., H.S.A. (HINDI), SANTHI NIKETHAN SECONDARY SCHOOL, THIRUVALLOOR, PONMERI, VATAKARA, KOZHIKODE DISTRICT. 2. THE MANAGER, SANTHI NIKETHAN SECONDARY SCHOOL, -DO- -DO-. BY ADVS. SMT.PRABHA R.MENON, MR.M.KRISHNAKUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(E) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. 5. THE HEADMASTER, SANTHI NIKETHAN SECONDARY SCHOOL, THIRUVALLOOR, PONMERI, VADAKARA, KOZHIKODE DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26405/2005-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE VISIT REPORT OF THE D.E.O DTD. 14/06/2000. EXT.P.2.A: COPY OF THE ATTENDANCE REGISTER OF CLASS VIII K FOR THE MONTH OF JAN. 2001. EXT.P.2.B: COPY OF THE ATTENDANCE REGISTER OF CLASS VIII L FOR THE MONTH OF JAN. 01. EXT.P.2.C: COPY OF THE ATTENDANCE REGISTER OF CLASS VIII E FOR THE MONTH OF JAN. 01. EXT.P.3: COPY OF THE VISIT REPORT OF THE R.3. DDE DTD. 23/01/01. EXT.P.4: COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2000-2001 DTD. 16/02/01. EXT.P.5: COPY OF THE REPRESENTATION DTD. 28/02/01 BY THE P.2. EXT.P.6: COPY OF THE REPRESENTATION DTD. 18/07/01 BY THE P.1. EXT.P.7: COPY OF AN ORDER DTD.07/01/02. EXT.P.8: COPY OF A REPRESENTATION DTD. 28/01/02 BY THE P.2. EXT.P.9: COPY OF A REPORT FROM THE D.E.O DTD. 27/09/02. EXT.P.10: COPY OF A REPRESENTATION DTD. 22/03/05. EXT.P.11: COPY OF AN ORDER DTD. 26/07/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26405/2005-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of December, 2009 J U D G M E N T The petitioners herein are respectively the High School Assistant (Hindi) and the Manager in Santhi Nikethan Secondary School. The first petitioner was appointed on 13/06/2000 in a regular vacancy recognising her claim under Rule 51A of Chapter XIV-A Kerala Education Rules. 2. During the staff fixation for the year 2000-2001, going by Ext.P1 visit report of the District Educational Officer on the sixth working day, in Std.VIII the roll strength is 550 and the verified attendance is 520. After adding 5% of the absentees, the students' strength is 546 and since it is more than 545, the school is entitled to have an additional division in Std.VIII. 3. The Deputy Director of Education conducted a visit only on 23/01/2001 for higher level verification. Five students who were absent on the said day were removed from the rolls. Five students were removed from the rolls, on the ground of absence. Accordingly, the roll strength was reduced to 543. Ext.P3 is the copy of the visit report. This was subjected to further challenge by the Manager. Ext.P5 is the representation submitted by the Manager before the Government and Ext.P6 is the representation W.P.(C). No.26405/2005 -:2:- submitted by the first petitioner and, finally, by Ext.P7, the Government found it in favour of the petitioners and directed the Deputy Director of Education to revise the staff fixation for 2000-01 under Rule 15A of Chapter XXIII K.E.R. 4. Since there was no specification therein to reckon the strength of pupils as on the sixth working day, the Manager again approached the Government by Ext.P8. By Ext.P11, the Government passed an order rejecting the representation stating that the finding of the Deputy Director of Education was only correct. 5. The learned counsel for the petitioners submitted that actually Ext.P11 does not consider the effect of Ext.P7 order. Rule 15A of Chapter XXIII K.E.R is in the following terms:- “15A. In cases where the fixation of staff strength in schools is revised by the Director of Public Instruction or by the Educational Officers concerned under Rule 12E or Rule 15 as the case may be after September, an allowance for a fall of 10% in the effective strength only to support the first verification of staff strength shall be allowed.” W.P.(C). No.26405/2005 -:3:- Therefore, going by Rule 15A, 10% allowance of the effective strength can be allowed to support the first verification, as per Ext.P1. But, the effect of the same has not been considered in Ext.P11. 6. In paragraph (10) of the counter affidavit it is pointed out that even though by Ext.P7 orders were issued to grant 10% concession, it was not benefited to the petitioner as the additional post of H.S.A (Hindi) was not admissible as per the periods available for Hindi. 7. It is pointed out by the learned counsel for the petitioners that 30 Divisions can be sanctioned if 10% concession is granted as ordered in Ext.P7. Therefore, the said stand may not be correct. 8. It is evident that Ext.P11 was passed practically reviewing Ext.P7. Actually, the Manager wanted only an implementation of Ext.P7 in terms of Rule 15A Chapter XXIII K.E.R. It is evident from Rule 15A that the allowance of 10% is granted to support the first verification of staff strength and therefore, the stand taken in Ext.P11 cannot be supported. In the counter affidavit, the averment shows only that these students are alleged to be absent from beginning of January 2001. Therefore, Ext.P11 is quashed. There will be a direction to the Government to pass fresh orders after considering the various aspects and also after W.P.(C). No.26405/2005 -:4:- considering the effect of Ext.P7. The same will be done within two months from the date of receipt of a copy of this Judgment, after hearing the petitioners. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms