SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 15540

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



Advocates:
For the Appellants/Petitioners: SRI.R.K.MURALEEDHARAN, SMT.ATHIRA A.MENON, SRI.HARISANKAR.K.V.
For the Respondents: SMT.V.A. HARITHA

The urgency in educational staffing compliance underscores the need for timely administrative decisions aligned with judicial directives.

Headnote:The petitioners, UPSTs at a school, challenged the denial of additional posts based on the unsustainable reasons of non-sanction and ratio compliance. The court highlighted the urgency of timely decision-making for the academic year 2026. The petition is disposed of directing the first respondent to consider recommendations expediently before 31.05.2026.

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/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top