2025:KER:30174 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. 14183 OF 2025 PETITIONER: THE MANAGER AGED 77 YEARS CMC BOYS HIGH SCHOOL, ELATHUR, KOZHIKODE, PIN - 673303 BY ADVS. P.NANDAKUMAR VIVEK VIJAYAKUMAR RISHI RAJEEV MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MANANCHIRA, KOZHIKODE, PIN - 673001 2025:KER:30174 WP(C) NO.14183 of 2025 2 4 THE DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATIONAL OFFICE, EAST NADAKKAVU, KOZHIKODE, PIN - 673006 SRI.RIYAL DEVASSY, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30174 WP(C) NO.14183 of 2025 3 JUDGMENT Dated this the 7th day of April, 2025 The petitioner is the Manager of CMC Boys High School, Elathur. The Staff Fixation for the year 2024-2025 was conducted by the 3rd respondent. As per the existing student's strength, the School was eligible for 9 class divisions. 2. At the time of the issuance of 1st Staff Fixation Order, a pupil studying in Standard IX, who was on leave on medical grounds was not counted and consequently one division was reduced from the High School Section. In fact, the said pupil was admitted on 07.06.2024, who was on leave when the staff fixation took place. 3. During the 3rd Staff Fixation on 31.I0.2024, one more division of the School was reduced stating that one pupil studying in Standard X was having a defective Aadhaar Card 2025:KER:30174 WP(C) NO.14183 of 2025 4 and two other students have left the School after obtaining TC. In fact, the defective Aadhaar Card of the said pupil was corrected and uploaded later. Even after reducing the strength of two students who have obtained TC, there would be 96 students in Standard X, which is sufficient for maintaining the division. 4. Therefore, at any rate, the Boys High School Section is eligible for nine divisions. But, by virtue of Ext.P3 Staff Fixation Order, the number of divisions of the School has been reduced to seven, which is highly irregular and illegal, contends the petitioner. 5. Consequently, one High School Teacher is ordered to be shifted from Boys High School Section to Girls High School, which will in turn adversely affect one Teacher working in Girls High School. The petitioner has submitted a statutory Appeal before the 2nd respondent against Ext.P3 Staff Fixation Order. If such a transfer takes place during the 2025:KER:30174 WP(C) NO.14183 of 2025 5 middle of the academic year, the same will seriously affect the studies of the students in the Boys High School, contends the petitioner. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 7. The grievance of the petitioner is on reduction of one division. The petitioner has preferred Ext.P8 Revision Petition before the 2nd respondent against Ext.P3 Staff Fixation Order and Ext.P7 order. 8. In the facts of the case, I am of the view that to meet the ends of justice, the revisional authority should consider Ext.P8 Revision Petition and takes appropriate decision thereon, in accordance with law. The writ petition is therefore disposed of directing the 2nd respondent to consider Ext.P8 Revision Petition and take appropriate decision thereon in accordance with law, within a 2025:KER:30174 WP(C) NO.14183 of 2025 6 period of four months, after giving an opportunity of hearing to the petitioner. The operation of Ext.P3 shall stand stayed till orders are issued on Ext.P8 Revision Petition. Sd/- N.NAGARESH JUDGE hmh 2025:KER:30174 WP(C) NO.14183 of 2025 7 APPENDIX OF WP(C) 14183/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF STAFF FIXATION ORDER NO.DDISB4/746681/2024 DATED 31-07-2024 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF STAFF FIXATION ORDER NO. DDIS B4/746681/2024 DATED 07.08.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF STAFF FIXATION ORDER NO. DDIS B4/746681/2024 DATED 31.10.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF DEFECT FREE AADHAR OF MUHAMMAD SHA K P Exhibit P5 TRUE COPY OF APPEAL DATED 04.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO.39996 OF 2024 DATED 13.11.2024 Exhibit P7 TRUE COPY OF THE ORDER NO.B5/794590/2024 DATED 04.02.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 19.02.2025.