Schools must be sanctioned divisions according to classroom availability according to government orders.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 29^TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947 WP(C) NO. 1414 OF 2026 PETITIONER:

MANAGER, IBRAHIM HAJI AGED 78 YEARS AUP SCHOOL KADAMPUZHA, S/O.KUNJAHAMMEDKUTTY HAJI, RESIDING AT MAYYERI HOUSE, KALPAKAMCHERRI, MALAPPURAM, PIN - 676555 BY ADVS.

SRI.M.A.FAYAZ SMT.M.VISHNUPRIYA SMT.C.B.ABHINAVA RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEX-II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION O/O THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

3 DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICER TIRUR, MALAPPURAM, PIN - 676101

4 ASSISTANT EDUCATIONAL OFFICER O/O THE ASSISTANT EDUCATIONAL OFFICER KUTTIPPURAM, MALAPPAURAM, PIN – 679571 BY ADV.

SRI.V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 29^th day of January, 2026 Petitioner is the Manager of AUP School Kadampuzha, Malappuram. As per Ext.P2 Staff Fixation Order, the School was entitled for 21 divisions with three divisions each for classes 5 to 7. But, the 4^th respondent sanctioned only 18 divisions and refused to recommend three additional divisions in spite of the eligibility on the ground that the School was only having 20 class rooms.

2. The School had 26 classrooms, but Fitness Certificates for only six classrooms were issued as per Ext.P3 on 12.09.2024, based on the challenge made before this Court. The stand taken by the 4^th respondent was that since the Fitness Certificate was obtained after 31^st August, it was required to be ratified by the Government.

3. The petitioner, therefore, approached the

1^st respondent filing a Revision Petition, which was allowed, permitting the reckoning of the six new classrooms for the Academic Year 2024-2025. Accordingly, the 1^st respondent directed the 2^nd respondent to take necessary steps through the 4^th respondent to ascertain the student strength and accommodation and to submit a recommendation for sanctioning additional divisions in accordance with Rule 12(4) of Chapter XXIII of the KER, as per Ext.P5 Government Order. However, despite the same, respondents 2 and 4 have not taken any steps to recommend additional divisions to the petitioner’s School for the Academic Year 2024-2025, despite there being sufficient student strength and accommodation.

4. The petitioner submitted that the

1^st respondent had already sanctioned additional division for the Academic Year 2024-2025 as per Ext.P6 Government Order creating numerous posts in the Schools through out Kerala. The process for sanctioning of additional divisions for the Academic Year 2025-2026 is under way. In spite of the same, respondents 2 and 4 are refusing to take any steps to comply with Ext.P5 direction issued by the Government. There is little chance of the petitioner’s School getting the eligible divisions for the Academic Year 2024-2025. The Teachers appointed in eligible vacancies are denied approval and salary because of the delay in sanctioning of additional divisions, contends the petitioner.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6. It is evident from the pleadings that the

1^st respondent, after hearing and adverting to Circular dated 15.11.2024, has directed to grant sanction to reckon the new class rooms for which Ext.P3 Fitness Certificate has been issued, to fix the staff strength of the School for the Academic Year 2024-2025 and to revise Ext.P2 Staff Fixation Order. The 1^st respondent has directed the 2^nd respondent to take steps to instruct the 4^th respondent-Assistant Educational Officer to revise Ext.P2 Staff Fixation Or