IMPORTANT POINT
The State must comply with judicial directives to sanction posts in educational institutions, regardless of internal policy considerations.

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 sanctioned post to accommodate the petitioners and also that the creation of the posts falls within the realm of the policy decision of the Government, they are not intending to sanction the additional posts which would cast financial burden on the State. However, the learned Single Judge, while considering the writ petitions, found that the appellant/State was obliged to sanction the requisite post in terms of the judgment of the Division Bench of this Court in W.A. No. 745 of 2018 dated 15.1.2020. Though the State attempted to challenge the judgment rendered by the Division Bench, the Honourable Supreme Court dismissed the Special Leave Petition by order dated 29.1.2021. However, while considering the writ petitions, the appellant/State further took a stand that due to the impending elections, the Government was not in a position to consider the creation of new posts because of the coming into force of the model conduct of election. The learned Single Judge took note of these contentions and formed an opinion that since the directions in Writ Appeal No. 745 of 2018 have already been upheld by the Honourable Supreme Court in its order dated 29.1.2021, the Government cannot ask for any further time. Accordingly, the writ petitions were allowed quashing the impugned orders with a consequential direction to the competent authority of the Government to immediately issue orders granting the posts claimed by the petitioners in these cases in the various Higher Secondary Schools and direction was issued to the competent authority to consider the proposal for grant of approval within a period of one month, thereafter. The directions so issued were of peremptory in nature.

5. The appellant/State impugns the directions given by the learned Single Judge in these appeals. When the appeals came up for admission, a Coordinate Bench of this Court, by interim order dated 4.7.2024, directed the Regional Deputy Director to inspect the school and to file a report as to the existence of the library for the purpose of engaging a Librarian in the school.

6. In pursuance to the said direction, the appellant/State has placed on record the reports through a memo dated 17.8.2024 in both the writ appeals. The reports reads as under:

Report on Writ Appeal No. 247/2024 Interim Judgment dated 04/07/2024 filled in Hon'ble High Court by Anish Varghese

Inspection report dated 8/07/2024 in JJMMHSS, Yenthayar Kottayam

1. This school has a separate building for library. This library has an area of 148.3 square meters (as per approved engineer's plan). There are 10259 books as per accession register. Reference books are classified. There are authoritative books for all higher secondary subjects in this school.

2. 60-70 students can read together at a time. There are 8 desks, 68 chairs and 16 Almirah