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2011 Supreme(Ker) 276

K.T.SANKARAN
Manager, Eravannoor A U P School – Appellant
Versus
State of Kerala Rep. By Its Secretary to Govt – Respondent


Advocates Appeared:
For the Petitioners:Jiji Thomas, G.B. Shamjith, V.A. Muhammed, V.K. Gopalakrishnan, Advocates.
For the Respondents:C.P. Sudhakara Prasad by Senior Government Pleader Smt. Sreelatha, Advocate.

JUDGMENT

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















































































































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