IMPORTANT POINT
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 adequate staffing.

JUDGMENT :

Since common issues are involved in these writ petitions they are heard and disposed of by a common judgment.

WP(C) No.42054 of 2022

2. The petitioner is the Corporate Manager of Schools coming under Corporate Educational Agency Diocese of Thamarassery, Kozhikode and St.Joseph's Higher Secondary School, Pullurampara, Kozhikode District comes under the management of the said educational agency.

3. It is averred that the Government of Kerala has sanctioned new Higher Secondary Schools in the State and one Science batch and one Humanities batch were sanctioned at St.Joseph's Higher Secondary School, Pullurampara and thereafter by Ext.P1 further batches were sanctioned. One of the stipulation in Ext.P1 Government order was that the initial appointment of teachers will be on daily wage basis and that for the academic year 2014-2015 there must be 40 students in a batch and from 2015-2016 onwards the required number of students is 50. Later Government created posts by two separate Government orders which are produced as Exts.P3 and P4. By Ext.P4 order only one post of HSST(Jr.) Malayalam was sanctioned at St.Joseph's Higher Secondary School, Pullurampara and the rest of the teaching post were not sanctioned despite the availability of posts is admitted in Exts.P5 and P6 staff fixation order. As the posts were not sanctioned Ext.P7 request was submitted by the Corporate Manager.

4. Petitioner relying on Ext.P8 Government Order which deals with norms for sanctioning of additional batches in the year 2015-2016 submits that as per the said norms the school must satisfy 50 students in the batch for the last three years. Petitioner would contend that even going by Ext.P8 the school has got more than 50 students in the additional Science batch during the years 2019- 2020, 2020-2021 and 2021-2022. Petitioner would further submit that even though the school sanctioned as per Exts.P1 and P2 were not having 50 students the Government issued Ext.P9 order, modifying the conditions and relaxing the stipulation of having 50 students and permitted continuance of the Higher Secondary courses and batches sanctioned as per Exts.P1 and P2. It was prescribed in the said order that even if a batch is short of 50 students, the course can be continued, with a rider that for appointment of teachers on regular basis in such schools there must be at least 40 students. For the year 2018- 2019, Ext.P10 order was issued wherein the said arrangement was continued. Petitioner also relies on Ext.P11 circular wherein the minimum students required for maintaining a batch was fixed as 25 with a maximum of 50. By Ext.P14 interim order this Court has directed the Government to take a decision in the matter and pursuant to the same Ext.P15 order was issued rejecting the request of the petitioner for creation of post. It is aggrieved by the same, the petitioner has approached this Court. WP(C) No.42620 of 2022

5. The above writ petition is filed by the Manager of Corporate Educational Agency, Diocese of Kothamangalam and St.George Higher Secondary School, Kallanickal is a school under the management of the said Corporate educational agency. By Ext.P1 the Government sanctioned new Higher Secondary Schools and thereupon one Commerce batch was sanctioned in St.George High School Kallanickal. Petitioner relying on Ext.P3 chart submits that during 2014-2015 there were 50 students and in 2018-2019, 2019-2020 and 2020-2021 and 2021-2022 all the available batches are working with student strength of 50 and above. Thereupon, petitioner made Ext.P5 request for sanctioning of the post. By Ext.P6 order posts were created, but petitioner would contend that there is serious anomaly in the sanctioning of the post and submitted that the post of Lab Assistant was also sanctioned despite the fact that there is no Science Batch sanctioned in the school. It is contended that since the post of HSST Computer Application is sanctioned, the other posts in respect of the sanctioned Commerce b