JUDGMENT :

The Manager of the 'P.M.M.U.P School', Chentrappinni, as the 1st petitioner; and a Peon working in the said School, as 2nd petitioner, have approached this Court impugning Exts.P2, P4 and P9 orders issued by the various educational Authorities and the Government, declining approval to the appointment of the 2nd petitioner on the ground that the School in question is an 'uneconomic one'.

2. The specific case of the petitioners is that the second petitioner was appointed against a retirement vacancy with effect from 28.09.2015 and that, as per Rule 1 of Chapter XXIVA of the Kerala Education Rules (KER for short), one post of Peon is mandatory in every School -whether or not there are sufficient student strength.

3. The petitioners say that without adverting to this, the educational Authorities, including the Government, have, relying on Exts.P5 and P10 circulars, held that no one can be appointed as Peon in the School since it is an “uneconomic one”. The petitioners, therefore, pray that the impugned orders be set aside and the appointment of the 2nd petitioner be directed to be approved in terms of the provisions of Rule 1 of Chapter XXIVA of the KER.

4. In response, the