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2026 Supreme(Online)(Ker) 14063

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
MANAGER, MALATHY AMMA AGED 90 YEARS VIVEKASAGARAM UPPER PRIMARY SCHOOL – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.A.FAYAZ, SMT.M.VISHNUPRIYA, SMT.C.B.ABHINAVA
For the Respondents: SRI.V.VENUGOPAL, GOVERNMENT PLEADER

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who is Manager of an Upper Primary School started in the year 1928, seeks to direct the respondents to sanction 11 Divisions to the petitioner's School for the academic year 2023-2024 on the basis of the students strength and accommodation.

2. The petitioner states that the School is having pre-KER and post-KER buildings and has 20 rooms for conducting classes, office room, staff room, etc. The post-KER building was constructed prior to 1985 and is having permanent exemption as regards height dimensions. For the Staff Fixation of the year 2023-2024, the 5th respondent found that even though 261 students were there as per the 6th working day statement, only 218 students can be reckoned for Staff Fixation, as the School failed to provide necessary UID details of the remaining 38 students. The petitioner would dispute this statement and would submit that UID details of the said 38 students were uploaded before the extended time. However, by Ext.P3 Staff Fixation Order, only 8 Divisions were sanctioned.

3. The petitioner states that the AEO had sanctioned 19 posts in the year 2007-2008, 16 Divisions in the year 2009-2010 and 16 Divisions

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