2025:KER:29998 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 2771 OF 2025 PETITIONER: K.P.HUSSAIN AGED 68 YEARS, S/O.LATE.MOIDEENKUTTY HAJI, MANAGER, KMHSS, KUTTOOR NORTH, MALAPPURAM, PIN – 676305. BY ADVS. AUGUSTINE JOSEPH GEORGE RENOY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.2771 of 2025 :2: 2025:KER:29998 3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM, PIN – 676519. 4 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, TIRURANGADI, MALAPPURAM, PIN – 676306. BY ADV.SRI.RIYAL DEVASSY, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.2771 of 2025 :3: 2025:KER:29998 J U D G M E N T Dated this the 7th day of April, 2025 The petitioner states that based on Ext.P1 staff fixation proceedings, the School is entitled to get 9 additional posts for the Academic Year 2022-'23 apart from the 51 existing posts. The 4th respondent has specifically described and stated the same on page 3, column 7 of Ext.P1 Staff Fixation Proceedings. However, by an error in computer software while uploading the Staff Fixation Proceedings in column 8, page 3 of Ext.P1, the posts sanctioned are mentioned as ‘0’. Thereafter, respondents 3 and 4 verified and inspected the School and by Ext.P2, corrected the defects, restored the existing 51 posts and further recommended for sanctioning 9 additional posts. W.P.(C)No.2771 of 2025 :4: 2025:KER:29998 2. The delay in forwarding the proposals in time as stipulated in Rule 12 Chapter XXIll of the Kerala Education Rules happened at the instance of the Educational Authorities only. There is no laches or negligence on the part of the petitioner. However, the 1st respondent-Government without considering the facts and circumstances on 16.01.2025, rejected the revision petition filed by the School. Ext.P4 is illegal and arbitrary and was made without considering the facts and circumstances, contends the petitioner. 3. In the afore circumstances, I find that the delay in making the proposals occurred not due to human error but rather due to technical error in the system. It is not known how the digits '0' were seen in the system against the subjects. Obviously, there was some technical error in the system or in uploading the data. In the afore circumstances, I am of the view that the matter should be reconsidered by the Government W.P.(C)No.2771 of 2025 :5: 2025:KER:29998 reckoning the afore facts. The writ petition is accordingly disposed of setting aside Ext.P4 and directing the 1st respondent to reconsider the issue, taking note of the fact that the error was technical and was not due to any act or omission on the part of the petitioner. Orders afresh shall be passed within a period of two months after giving an opportunity of hearing to the petitioner and the Manager. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.2771 of 2025 :6: 2025:KER:29998 APPENDIX OF WP(C) 2771/2025 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE STAFF FIXATION PROCEEDINGS DATED 20.8.2022 OF THE 4TH RESPONDENT. Exhibit.P2 TRUE COPY OF THE MODIFIED STAFF FIXATION PROCEEDINGS OF THE 4TH RESPONDENT DATED 14.2.2023. Exhibit.P3 TRUE COPY OF THE REVISION PETITION DATED 24.7.2023 SUBMITTED BEFORE THE 1ST RESPONDENT. Exhibit.P4 TRUE COPY OF THE ORDER DATED 16.1.2025 OF THE 1ST RESPONDENT.