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AMIT RAWAL, EASWARAN S.
STATE OF KERALA – Appellant
Versus
ANISH VARGHESE S/O. K. C. VARGHESE – Respondent
JUDGMENT :
1. The order of ours shall dispose of two appeals preferred by the State of Kerala.
2. The 1st respondent in Writ Appeal No. 247 of 2024 was appointed as a Librarian in J.J. Murphy Memorial Higher Secondary School. Though he was appointed in the year 2001, his appointment had not been approved. The basic challenge in the writ petition was directed against the order dated 11.4.2019 in which, the appellant/State declined to sanction the post of Librarian.
3. In so far as Writ Appeal No. 1259 of 2023 is concerned, the writ petitioner was appointed as a Lower Division Clerk (LDC) in Sree Saradavilasom Higher Secondary School, Chirayinkeezhu. The prayer in Writ Petition No. 26927 of 2018 was to call for the records leading to Exts.P7 and P9 and to quash the same and also for a further direction to the 2nd respondent to sanction the post of LDC with effect from 1.4.2016 in the school and to grant approval to the appointment of the petitioner as LDC based on Ext.P8 proposal issued by the 4th respondent manager from 1st April 2016 onwards.
4. In both these cases, the appellant rejected the claim of the respective writ petitioners for approval on the ground that, there is no sanction
The State must comply with judicial directives to sanction posts in educational institutions, regardless of internal policy considerations.
Government cannot deny post creation or appointment approval based on financial reasons when statutory provisions necessitate such positions in educational institutions.
The Government's refusal to sanction teaching posts based on financial constraints is unjustified when schools meet the required student strength, establishing a statutory obligation to ensure adequa....
The main legal point established is that the Government is obligated to create sanctioned posts and grant approval to appointments as per the Kerala Education Rules, and reasons such as departmental ....
The court affirmed the necessity of reinstating a teacher dismissed due to conviction, emphasizing compliance with judicial directives regarding supernumerary posts and the authority of educational a....
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
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