IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
NIKITHA E – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 4175 OF 2026
| Table of Content |
|---|
| 1. petitioners seek additional posts for staffing. (Para 1 , 2 , 3) |
| 2. court observes impact of earlier judgments. (Para 4 , 5 , 6) |
| 3. court mandates timely decision before the upcoming academic year. (Para 7) |
JUDGMENT Dated this the 9th day of March, 2026 The petitioners are UPSTs working under the
5th respondent’s School. Petitioners 1 and 2 were working as UPST and they were appointed in the year 2023-2024. The 4th petitioner was appointed as UPST with effect from 03.06.2024 in additional division vacancies.
2. The petitioners state that new accommodation was proposed and a provisional Occupancy Certificate was issued by the Panchayat since the category of land was Nilam at that point of time. Provisional Fitness Certificate was issued for the year 2023-2024 and 2024-2025. The Assistant Educational Officer denied recommendations for additional eight posts during the year 2023-2024 and nine posts in the year 2024-2025.
3. The petitioners would urge that the School is entitled for additional posts. The 4th respondent rejected the proposal stating that the posts were not sanctioned and that 1:1 ratio was not complied with. The petitioners would urge that both the reasons advanced by the 4th respondent are unsustainable.
4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing respondents 1 to 4.
5. It is evident from Ext.P15 that the Manager of the School had approached this Court filing W.P.(C) No.21515 of 2024 and this Court on 26.06.2024, disposed of the writ petition setting aside Exts.P5 and P7 therein to the extent that the sanctioning of divisions was confined to three divisions. The 4th respondent was directed to reconsider the staff fixation in the light of the observations made by this Court.
6. Government Pleader, on instructions, submitted that the Assistant Educational Officer has complied with Ext.P15 judgment by issuing Ext.P16. It was forwarded to the Director of General Education. The Government Pleader submitted that the DGE has in turn forwarded the same to the Government and the matter is pending consideration before the Government.
7. Taking into consideration the fact that the next academic year is to commence from 01.06.2026, I am of the view that the 1st respondent has to take a decision in the matter as expeditiously, as possible and at any rate, before
01.06.2026.
The writ petition is therefore disposed of directing the
1st respondent to consider the recommendations given by the 4th respondent-Assistant Educational Officer and take a decision thereon taking into consideration Ext.P16 also. Orders in this regard shall be passed, as expeditiously as possible and at any rate on or before 31.05.2026.
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.