2025:KER:26456 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 8790 OF 2025 PETITIONER: THE MANAGER PARIYAPURAM CENTRAL AUP SCHOOL TANUR, MALAPPURAM DISTRICT, PIN – 676302. BY ADVS. R.K.MURALEEDHARAN ATHIRA A.MENON HARISANKAR.K.V. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.8790 of 2025 :2: 2025:KER:26456 3 THE JOINT DIRECTOR OF GENERAL EDUCATION (ACADEMIC) DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 4 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM DISTRICT, PIN – 676505. 5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT, PIN – 676302. BY ADV.SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.8790 of 2025 :3: 2025:KER:26456 J U D G M E N T Dated this the 27th day of March, 2025 In Ext.P2 order dated 20.08.2022 relating to the staff fixation, the Assistant Educational Officer, Tanur recommended two posts of UPST and five posts of LPST to the School for the Academic Year 2022-23. The posts were not sanctioned, holding that the School does not have sufficient accommodation/building for sanctioning additional divisions. 2. The petitioner submits that the School has produced Exts.P3 and P3(a) Fitness Certificates in respect of their building in 2022 itself, which entitled them sanctioning of additional divisions in view of Ext.P9 Government letter. However, by Ext.P5 order, the Deputy Director of Education W.P.(C)No.8790 of 2025 :4: 2025:KER:26456 rejected the application for approval, holding that the Deputy Director of Education has no authority to grant such permission. 3. The petitioner, thereupon, preferred Ext.P6 appeal before the Government. The Government remitted the matter back to the Director of General Education as per Ext.P7, holding that a revisional appeal will lie only before the Director of General Education. On receipt of Ext.P7, the Director of General Education passed Ext.P8 order, again rejecting the application of the petitioner, holding that the petitioner is not entitled to additional divisions. 4. I have heard the learned Counsel for the petitioner and the learned Senior Government Pleader representing the respondents. 5. The grievance of the petitioner is relating to non-sanctioning of additional divisions for the Academic Year W.P.(C)No.8790 of 2025 :5: 2025:KER:26456 2022-2023. The posts were not sanctioned in spite of positive recommendation, for lack of accommodation in the School. The petitioner would submit that Exts.P3 and P3(a) Fitness Certificates were submitted, which would show that the School had sufficient accommodation in the academic year for sanctioning of additional divisions. Exts.P3 and P3(a) were submitted before September, 2022 and if accommodation is available before the 1st of October of the academic year, the posts and divisions can be sanctioned in the light of Ext.P9 letter of the Government. The petitioner also would rely on Rule 12 of Chapter XXIII of Kerala Education Rules. 6. Be that as it may, it is not disputed that the power to grant additional divisions now is with the Government. Therefore, the Government will have to take a decision in the matter. Though reference No.1 in Ext.P7, remanding the matter to the Director of General Education by W.P.(C)No.8790 of 2025 :6: 2025:KER:26456 the Government, may be technically correct, I am of the firm view that since the Government has the ultimate authority to decide the issue, it would be proper that the 1st respondent itself considers the matter. In the facts of the case, the writ petition is disposed of directing that if the petitioner resubmits Ext.P6 to the 1st respondent, the 1st respondent shall take a decision on merits, adverting to Exts.P3, P3(a) and Ext.P9. A decision shall be taken within a period of three months from the date of submission of Ext.P6, after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.8790 of 2025 :7: 2025:KER:26456 APPENDIX OF WP(C) 8790/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. B/100408/2019 MODIFYING THE STAFF FIXATION DATED 14.10.2019. Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER DATED 20.08.2022 FOR THE YEAR 2022-23 ISSUED BY THE 5TH RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P2. Exhibit P3 TRUE COPY OF THE FITNESS CERTIFIED ISSUED BY THE LSGD ASSISTANT ENGINEER, TANUR MUNICIPALITY DATED 26.05.2022. Exhibit P3(a) TRUE COPY OF THE FITNESS CERTIFIED DATED 24.08.2022 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, TANUR BLOCK PANCHAYATH. Exhibit P4 TRUE COPY OF THE STAFF FIXATION OF THE SCHOOL FOR THE YEAR 2023-24 DATED 22.08.2023. Exhibit P5 TRUE COPY OF THE ORDER NO. B1/60645/2022 DATED 19.06.2023 ISSUED BY THE 4TH RESPONDENT. Exhibit P6 TRUE COPY OF THE REVISION DATED 26.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT DATED 09.01.2024. W.P.(C)No.8790 of 2025 :8: 2025:KER:26456 Exhibit P8 TRUE COPY OF THE ORDER NO. R.A(3) RA3/706244/2024/DGE/D.DIS DATED 20.12.2024. Exhibit P9 TRUE COPY OF THE LETTER DATED 15.01.2024 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.