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2026 Supreme(Online)(Ker) 12308
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
ST.CLARE, ORAL SCHOOL FOR THE DEAF – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 21726 OF 2017
For the Appellants/Petitioners: SRI.PEEYUS A.KOTTAM
For the Respondents: GP- JIMMY GEORGE
The court upheld the right of the educational institution to seek staff enhancement based on student strength.
Headnote:This writ petition challenges the restrictive clause in Ext.P1 regarding staff strength of a special school for hearing-impaired students. The petitioner seeks enhancement of staff in proportion to student strength as detailed in G.O.(MS) No. 105/2015/GE. The Court provides direction to approach the Government for a fresh representation which shall be considered within two months. The final ruling affirms the petitioner's right to representation under G.O.(MS) No. 105/2015/GE.
| Table of Content |
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| 1. challenging the restriction on staff strength. (Para 1 , 2) |
| 2. court allows for government representation. (Para 3) |
JUDGMENT
Dated this the 18th day of February, 2026 The writ petition is preferred by the petitioner, who is aggrieved by Exts.P5, P6, and P7 and by the restrictive clause in Ext.P1, which stipulates that no permission for enhancement of staff strength over and above the staff strength shown in the appendix will be granted. The petitioner seeks a direction to quash the same and a further direction to the respondent to enhance the staff strength of the petitioner’s school in proportion to the strength of students within a stipulated time.
2. It is the case of the petitioner that the she is conducting a special school for hearing Impaired Student and is functioning from 1993 onwards. This school obtained aided status in the year 2005 as per G.O.(MS) No.338/2005/GE dated 27.08.2005 for the students from I to Xth standard. In the year 2012, as per G.O.(MS) No.292/2012/GE dated 20.09.2012, the Government gave aided status to the Higher Secondary School as well. Since 2007, the petitioner’s school has been requesting the Government for enhancement of staff strength in proportion to the student strength.
3. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the ratio of teachers to non-teaching staff and students has now been revised by the Government as per G.O. (MS) No. 105/2015/GE dated 08.05.2015. Even according to the said ratio, the staff structure has not been revised. Under such circumstances, the petitioner seeks a direction to revise the staff strength. In fact, it is discernible that, after the issuance of this Government Order, the petitioner has not approached the Government in light of the said Government Order.
Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the Government by filing a fresh representation in light of G.O.(MS) No.105/2015/GE dated 08.05.2015 within a period of one month from today. The said representation shall be considered, and appropriate orders shall be passed after affording the petitioner an opportunity of being heard, within a further period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
P.M.MANOJ JUDGE
