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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
THE MANAGER (MOHSIN M), AGED 61 YEARS, S/O HAJI M MUHAMMAD HANEEFA PHMKMV & HSS – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. issues of post sanctioning due to workload. (Para 4 , 6) |
| 2. arbitrary denial and discrimination in post sanctioning. (Para 7 , 8) |
| 3. judicial affirmation of statutory compliance and review. (Para 9 , 11 , 12) |
| 4. court's directive for reconsideration of the petition. (Para 13) |
J U D G M E N T
Dated this the 6th day of February, 2026 The petitioner is the Manager of PHMKMV and HSS, Panavoor, an Aided School, in terms of the Kerala Education Act and Rules situated in Attingal Educational District.
2. The petitioner is aggrieved by non- sanctioning of the post of HSST Junior (Hindi) in the School by the respondents, though 12 periods are available for Hindi and one Guest Lecturer is permitted and paid for the last six years. Non-sanctioning of the post is apparently for the reason of financial crunch. It has been held by this Court that financial exigencies cannot be a reigning concern in interpreting statutory rules and notification. It is also held by this Court that salary cannot be denied to HSSTs on the ground of financial crunch, contends the petitioner.
3. It has been held by this Court in W.P.(C) No.41279/2017 and connected case that an HSST (Junior) post shall b
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