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2026 Supreme(Online)(Ker) 5241

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
N.HASEENA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 11905 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondents: SRI.N.B.SUNIL NATH

The judgment underscores the necessity of accurate student enrollment data in staff fixation procedures under educational statutes.

Headnote:The case concerns a writ petition filed by an appointed LG Arabic Teacher challenging a staff fixation order deemed detrimental. The petitioner alleges erroneous re-fixation due to underreported student numbers, supporting the argument with evidence. The Court found the need for reconsideration of the fixation order and ordered the 5th respondent to re-evaluate student details within eight weeks.

Result: Ext.P6 and related orders set aside.

Table of Content
1. petition challenges unjust staff fixation. (Para 1)
2. arguments presented regarding student count justification. (Para 2 , 3)
3. court orders remand for re-assessment of staff based on student data. (Para 4)

J U D G M E N T

The petitioner, who was appointed as an LG. Arabic Teacher in a retirement vacancy with effect from 01.08.2017, has filed the writ petition seeking to challenge the staff fixation carried out by Ext.P6 order, which was detrimental to her. The challenge against Ext.P6 before the authorities under the statute, including the Government, was unsuccessful, as evidenced by Exts.P7, P8, and P9, on account of which, the petitioner has instituted the captioned writ petition before this Court.

2. I have heard Sri.V.A.Muhammed, the learned counsel for the petitioner, as well as Sri.N.B.Sunil Nath, the learned Government Pleader.

3. The staff fixation order at Ext.P6 was issued by revisiting the earlier staff fixation order at Ext.P5, on the assumption that there were only 16 students who were studying Arabic. However, the learned counsel for the petitioner would rely on Exts.P10, P11, and P12 series of Aadhaar cards of 30 students who were studying Arabic in the school in question, to contend that the refixation of the staff fixation by Ext.P6 was without any justification.

4. In the light of the details of the students produced by the petitioner as above, I am of the opinion that the matter requires reconsideration at the hands of the 5th respondent herein. So as to facilitate the above, Ext.P6, as well as the orders at Exts.P7, P8, and P9, are set aside. The 5th respondent to consider the details of the students produced by the petitioner before this Court and pass fresh orders as regards the staff fixation, as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a certified copy of this judgment.

This writ petition is disposed of as above.

Sd/-

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