K.T.SANKARAN
Manager, Eravannoor A U P School – Appellant
Versus
State of Kerala Rep. By Its Secretary to Govt – Respondent
1. In majority of these Writ Petitions, the petitioners challenge the validity of clauses (v) and (vi) of G.O.(P) No.10/10/G.Edn. dated 12.1.2010. The petitioners therein contend that the Government Order is contrary to the provisions of the Kerala Education Act and Rules. In some of the said. Writ Petitions, minority institutions contend that the aforesaid clauses of the Government Order are against the constitutional guarantee under Article 30 (1) of the Constitution of India. Some other managements and teachers filed Writ Petitions (as shown below separately) to get the Government Order implemented.
The Writ Petitions challenging clauses (v) and (vi) of G.O.(P)No.10/10:-
2. For the sake of convenience, the Government Order is extracted below:
ORDER
In the economy orders issued as per Government Order read as 1st paper above it was order therein that no new post will be created in Government/Aided Schools and Colleges. Considering the practical difficulties due to the non-sanctioning of posts in schools, the General Education Department has relaxed the economy orders as per Government Orders read as second to six and as per Government Order read as sixth paper above, i
1. Unninarayanan v. State of Kerala: 2009 (2) KLT 604 and Sasidharan Nair V. Ali: 2009 (3) KLT 863
4. Rev. Fr. W. Proost and others v The State of Bihar and others (AIR 1969 S.C. 465)
12. Kurian Lizy v. State of Kerala (2006 (4) KLT 264)
13. Sindhi Education Society and another v. Chief Secretary
15. Fr. Mathew v. State of Kerala (1978 KLT 763)
7. Board of Secondary Education and Teachers Training v. Director of Public Instructions
11. Joseph Kachappilly v. State of Kerala (1997 (2) KLT 740)
14. T.M.A. Pai Foundation and others v. State of Karnataka and others ((2002) 8 SCC 481)
18. T.M.A. Pai Foundation v. State of Karnataka ((2002) 8 SCC 481)
2. M.P. Lakshmi v. Assistant Educational Officer: (1966 KLT 1042)
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