School division sanctioning requires consideration of prior staff fixation practices and available accommodation.

J U D G M E N T

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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 5^th respondent found that even though 261 students were there as per the 6^th 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 in the year 2010-2011. The School is maintaining the same accommodation even now. As 16 Divisions were sanctioned in previous academic years, there is no justification for sanctioning only 8 Divisions in the academic year 2023-2024.

4. The petitioner states that the 5^th respondent-AEO has only accepted 9 Classrooms as fit for conducting classes and treated 8 rooms as extra rooms. Leaving 2 extra rooms for the purpose of office and staff rooms, 18 classrooms are available and are fit for conduct of classes. In the revision petition filed by the petitioner, the 1^st respondent-Government directed the 2^nd respondent-DGE to make recommendations for additional Division after verifying student strength as per Ext.P8 order dated 04.06.2025.

5. The 2^nd respondent-DGE directed respondents 4 and 5 to verify the student strength and to forward recommendation to the 1^st respondent for sanctioning of additional Divisions for the academic year 2023-2024. However, respondents 4 and 5 have not taken any decision for revising the Staff Fixation for the year 2023-

2024.

6. The Government Pleader opposed the writ petition and controverted all the allegations made by the petitioner. The Government Pleader, however, submitted that in compliance of Ext.P8 Government Order and Ext.P9 communication of the DGE, the 5^th respondent-AEO has issued proceedings dated 27.11.2025 by which the staff strength of the School has been revised as 13 (inclusive of one OA). The writ petition is therefore liable to be dismissed.

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

8. The specific averment of the petitioner in the writ petition is that the School has both pre-KER and post-KER buildings and has 20 rooms in total. The post- KER building has permanent exemption as regards height dimensions. Ext.P1 is the Fitness Certificate issued by the Assistant Engineer, Kadangode Grama Panchayat.

9. Though the respondents had disputes relating to the student strength for the academic year 2023-

2024 in view of non-submission of UID details in respect of 38 students, the petitioner has made up that deficiency by uploading UID details within the extended time. It is evident from Exts.P4 to P6 that on the basis of existing accommodation, 19 posts were sanctioned for the School in the academic year 2007-2008,