2025:KER:29990 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. 14416 OF 2025 PETITIONER: CORPORATE MANAGER CMS SCHOOLS, DIOCESE OF MADHYA KERALA (CSI), NORTON CLERGY HOME, CATHEDRAL ROAD, KOTTAYAM, PIN - 686001 BY ADVS. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MANU SRINATH LIJO JOHN THAMPY NIVEDITA MUCHILOTE RIYAS M.B. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR GENERAL OF EDUCATION HIGHER SECONDARY, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM, PIN - 695014 3 REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, CHENGANOOR, ALAPPUZHA, PIN - 689121 2025:KER:29990 WP(C) NO.14416 OF 2025 2 4 REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, KOTTAYAM, PIN - 686001 SRI. V. VENUGOPAL,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:29990 WP(C) NO.14416 OF 2025 3 JUDGMENT Dated this the 7th day of April, 2025 The petitioner is the Corporate Manager of CMS Schools. There are five Aided Higher Secondary Schools under the Management. Appointment of Teachers in the Aided Higher Secondary Schools under the petitioner is liable to be made following the provisions of Chapter XXXII of KER. 2. As per Rule 5 of Chapter XXXII of KER, the Appointing Authority for the various categories of posts in the High Secondary School is the Manager. As per Note thereon, appointments to teaching posts shall be made on the recommendation of the Selection Committee consisting of Manager or his nominee as Chairman with Principal of the School as a member and a representative of the Government selected by the Manager from a panel of officers not below the rank of Deputy Collector or officers not below the rank of Deputy Secretary to Government prepared by the Director, 2025:KER:29990 WP(C) NO.14416 OF 2025 4 Higher Secondary Education for every academic year. 3. As discernible from Exts.P11 to P14 Staff fixation Orders, there are vacancies of HSST Hindi in BHHSS, Mavelikkara and CMS HSS, Kuzhikkala. There is one vacancy each of HSST (Junior) Sociology, English and Maths in BHHSS Mavelikkara and HSST (Junior) Economics in CMSHSS, Mallappally. Further, there is one vacancy of HSST(Junior) Maths in BMGHSS, Kottayam. The vacancies in the post of HSST arose in the School in 2021 and 2023 respectively and the vacancies of HSST (Junior) are continuing since 2021 except in case of three vacancies. 4. Ext.P1 would show that Sri.J.Biju, Additional Secretary, Revenue, had given consent to act as the Government Nominee for selection to the post of HSST / HSST (Junior) in the petitioner’s School. In view of Exts.P2, P3, P8 and P9 requests are made for nomination of Government Representative for selection of HSST / HSST(Junior) in the 2025:KER:29990 WP(C) NO.14416 OF 2025 5 petitioner’s School. However, no action ensued on the same. 5. In terms of Chapter XXXII of KER, the Manager of a Higher Secondary School is entitled to make appointment in established vacancies as per the Staff Fixation Order. The number of Teachers for teaching each subject is dependent on the number of students studying in the School. Therefore, the students of the School have a vested right to get regular teaching conducted by qualified and experienced Teachers and they cannot be deprived of their such entitlement. 6. In the circumstances, due selection is required to be made during the period of summer vacation and regular Teachers are liable to be appointed from the next academic section. Therefore, any delay in nominating a Government Representative for selection to the post of HSST / HSST (Junior) in the petitioner’s School is illegal and arbitrary, contends the petitioner. 2025:KER:29990 WP(C) NO.14416 OF 2025 6 7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 8. The prayer of the petitioner is to direct the 1st respondent to nominate Sri.J.Biju, Additional Secretary as member of the Selection Committee for various posts of HSSTs / HSST (junior) in the petitioner’s Schools during the academic year 2024-2025. 9. In this regard, I find that the petitioner has preferred Ext.P8 representation before the 1st respondent. In the facts of the case, I am of the view that to meet the ends of justice, the 1st respondent should be directed to consider Ext.P8. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P8 representation and pass appropriate orders thereon within a period of four months. Sd/- N.NAGARESH JUDGE hmh 2025:KER:29990 WP(C) NO.14416 OF 2025 7 APPENDIX OF WP(C) 14416/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF WILLINGNESS ISSUED BY SHRI.J.BIJU, ADDITIONAL SECRETARY TO GOVERNMENT TO ACT AS GOVERNMENT NOMINEE IN THE SELECTION COMMITTEE FOR VARIOUS POSTS OF HSST ALONG WITH DECLARATION Exhibit P2 A TRUE COPY OF APPLICATION DATED 08.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITHOUT ANNEXURES Exhibit P3 A TRUE COPY OF APPLICATION DATED 08.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WITHOUT ANNEXURES Exhibit P4 A TRUE COPY OF PRO-FORMA IN RESPECT OF BMGHSS, KOTTAYAM Exhibit P5 A TRUE COPY OF PRO-FORMA IN RESPECT OF BHHSS, MAVELIKARA Exhibit P6 A TRUE COPY OF PRO-FORMA IN RESPECT OF CMSHSS, MALLAPPALLY Exhibit P7 A TRUE COPY OF PRO-FORMA IN RESPECT OF CMSHSS, KUZHIKKALA Exhibit P8 A TRUE COPY OF APPLICATION DATED 08.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF APPLICATION DATED 08.01.2025 SUBMITTED BY THE PETITIONER 2025:KER:29990 WP(C) NO.14416 OF 2025 8 BEFORE THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF LETTER DATED 08.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P11 A TRUE COPY STAFF FIXATION ORDER NO. 6581/C8/2022/RDD /CNGR DATED 12.04.2023 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF BHHSS, MAVELIKKARA FOR THE ACADEMIC YEAR 2022-2023 Exhibit P12 A TRUE COPY STAFF FIXATION ORDER NO. RDD/HSE/CNGR/346/2025-C4 DATED 15.02.2025 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF CMSHSS, KUZHIKKALA FOR THE ACADEMIC YEAR 2024-2025 Exhibit P13 A TRUE COPY STAFF FIXATION ORDER NO.B2/389/ RDD/HSE/KOTTAYAM DATED 25.03.2024 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF CMS COLLEGE HSS, KOTTAYAM FOR THE ACADEMIC YEAR 2023-2024 Exhibit P14 A TRUE COPY STAFF FIXATION ORDER NO. RDD/HSE/KTM/1459/2023-A3 DATED 02.03.2024 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF BMGHSS, KOTTAYAM FOR THE ACADEMIC YEAR 2023-2024