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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE VIJU ABRAHAM, J
Corporate Manager Corporate Educational Agency, Diocese Of Thamarassery, Kozhikode District – Appellant
Versus
State Of Kerala – Respondent
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 teachin
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....
Government cannot deny post creation or appointment approval based on financial reasons when statutory provisions necessitate such positions in educational institutions.
When Constitution mandates that citizens have a fundamental right for something, Government cannot simply refuse them their constitutional rights in the name of a Government policy or lack of it. The....
The State cannot deny educational posts based on financial constraints when statutory provisions entitle schools to such posts.
Rule 3 states that the service of every aided Higher Secondary School shall consist of all or any of the following categories of posts as the Director may sanction. In other words, the authority to s....
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 ....
As per the newly inserted Rule 17 of the KER, any pecuniary loss caused to the Government on account of the creation on holding of such posts is to be recovered from the teacher in charge of the clas....
The appointment of teachers must be approved for salary and benefits as per court decisions, overriding current authority objections based on procedural violations.
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