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, it was interalia ordered that restriction on appointment on additional vacancies will continue with effect from 2006-07 academic year onwards. In spite of the Government Orders, several Managers had appointed teachers and non-teaching staff in additional division vacancies. Government have not approved such appointments. Considering the request from various quarters, Government have examined the matter in detail and have decided to lift the restriction imposed on the appointment with effect from 2006-07 academic year subject to the following conditions:-

i) The appointments made against additional division vacancies in Government/Aided schools from 2006-07 can be approved as per the provisions in KER.

ii) The salary and allowance of the teachers and other staff so approved will be credited to the Provident Fund Accounts as and when it begins. No withdrawal from such Provident Fund Accounts will be allowed till 31/03/2015.

iii) The concerned Educational Officers will revise the staff fixation orders for the academic years 2006-07, 2007-08, 2008-09 and 2009-10 and sanction the posts that can be allowed. While sanctioning such posts, the concerned Educational Officers will take necessary steps to ensure the students’ strength in each year and the Deputy Directors of Education should ensure its accuracy.

iv) Before approving each appointments the concerned Educational Officers should ensure that vacancies are available and the appointees are possessing the required qualifications.

v) For approving the appointments made in the additional divisions during the period from 2006-07 to 2009-10 in the aided schools, the Managers should execute an agreement in the stamp paper worth Rs.50/- duly witnessed by Notary to the concerned Educational Officers to the effect that they will appoint protected teachers/ non-teaching staff equal to such appointees in all the arising vacancies in the schools from 2010-11 onwards. The Educational Officers should submit a consolidated statement of such agreements to Government.

vi) After appointing protected teachers/non teaching staff equal to the appointees in additional division vacancies during 2006-07 to 2009-2010, the vacancies that arise as a additional division vacancies in future should be filled up in the order of protected teacher and open recruit in the ratio of 1:1.

vii) With regard to the appointment of protected teachers in ‘new schools’ ie., ‘the schools started/upgraded after 1979’, the orders relating to the appointment of protected teachers will be governed by the conditions in G.O.(P)NO.178/2002/G.Edn. dated 28/06/02 and G.O.(P)No.46/2006/G.Edn. dated 01/02/06.

2. The concerned Educational Officers should verify and approve the appointments made during 2006-07 onwards in additional division vacancies s