High Court of KeralaDivision BenchWrit appeals dismissed; no interference with th...

WA Nos. 454/2017; 480/2017; 523/2017; 629/2017; 1332/2017 v. State of Kerala & Others (Against judgments in WPCs 30702/2014, 12858/2011, 25697/2005, 25124/2004 & 24430/2010).

Case / Petition Number:WA Nos. 454/2017; 480/2017; 523/2017; 629/2017; 1332/2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. K. Jayasankaran Nambiar
  • Gopinath P.
Judgment Date
2021-03-02
Court Decision / Holding
The writ appeals fail; the Division Bench dismisses the appeals, upholding the Single Judge’s interpretation of the Government orders and confirming that language posts are governed by forceful Government orders in effect at the relevant time.
Final Disposition
Writ appeals dismissed; no interference with the learned Single Judge's judgment; language posts to be governed by forceful Government orders in effect at the relevant time.

Parties to the Case

Appellants / Petitioners

  • Serly Das T., HSST (Hindi) Junior, Mal
  • Manager, Aruvakkad HSS, Punnappra (Aruvakkad HSS)
  • Shiji K.J., HSST (JR) (Hindi), Palluruthy HSS, Kochi
  • Manager, S.D.P.Y.B HSS, Palluruthy, Kochi
  • Antu A.D., HSST (Malayalam), St. Francis HSS Mattom
  • Manager, St. Francis HSS Mattom
  • Serly Das T. (again)
  • Manager, Aruvakkad HSS, Punnappra

Respondents

  • State of Kerala represented by Secretary to Government, General Education Department, Secretariat, Thiruvananthapuram
  • Director of Higher Secondary Education, Housing Board Building, Thiruvananthapuram
  • Regional Director of Higher Secondary Education, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Respondents

  • • M.V. Bose
  • • Vinod Madhavan
  • • Benoy Thomas
  • • Paulson Thomas
  • • K. Jagadeesh
  • • V. Renju

Case Synopsis & Summary

The batch of writ appeals in the Kerala High Court challenges the legality of appointments of Higher Secondary School Teachers (HSST) for Part II language courses (Malayalam, Hindi, etc.) in various aided higher secondary schools. The appellants, primarily government authorities, contend that posts cannot be created or sanctioned unless specifically authorized by Government orders, and that increases in language classes should be regulated by existing normative frameworks. The petitions trace the evolution of policy through multiple Government Orders: GO (MS) 103/92 (1992) fixing minimum pupil strength; GO (Rt) 1431/98 and GO 1341/98 (1998) introducing additional language divisions; GO 398/2002 and related staff-fixation orders (2002) to govern HSST (Junior) postings; 2005 and 2013 orders creating posts as required by teaching hours. A learned Single Judge interpreted GO 28-03-1998 as permitting one additional division to language classes beyond 50 students with a margin of 10, deeming that beyond 60 students an extra batch is warranted, and that posts depend on teaching hours. The Division Bench, after considering rival submissions, holds that the interpretation adopted by the Single Judge is correct, and that subsequent Government orders (including 29-11-2002, 08-06-2017 clarifications, and related circulars) govern post creation. The appeals are dismissed, confirming that language-post creation rests on the Government’s orders in force.

Provisions of Law Cited

G.O.(MS) No.103/92/G.Edn. dated 15-05-1992G.O.(Rt) No.1431/98/G.Edn dated 28-03-1998G.O.(Rt) No.1341/98/G.Edn dated 28-03-1998G.O.(MS) No.398/2002/G.Edn dated 29-11-2002G.O.(RT) No.1958/2002/G.Edn dated 03-07-2002G.O.(MS) No.466/05/G.Edn dated 31-12-2005G.O.(MS) No.76/2013/G.Edn dated 23-02-2013Circular No.C1/6182/HSE/97 dated 08-07-1998Circular No.AD.B1-7225/00/HSE dated 30-05-2000Circular No.ACD B1/7405/HSE/2000 dated 01-06-2000G.O.(RT) 08-06-2017 (clarification order)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that Government Orders governing staffing in Higher Secondary Schools permit ongoing expansion of language classes, with one additional HSST (Junior) when language class strength crosses 60, and that the overall sanctioning of posts must follow the specific formulas and time-bound norms in GO 28-03-1998 and related orders. They argue that the interpretation placed by the Single Judge — that an additional batch is warranted beyond 60 students and that posts follow teaching-hours requirements — is consistent with the sequence of orders and ensures adequate language instruction.

Contentions of Respondents

The State and education authorities submit that post creation and sanctioning is governed by Government orders in force; the 50-student-per-batch rule with a 10-student margin is a fixed norm for determining additional language batches, with 60 as the threshold for sanctioning an extra batch. They rely on GO 28-03-1998, GO 29-11-2002, and subsequent clarifications (including 08-06-2017) to argue that only those posts actually necessary for teaching hours should be created, and that later orders clarified the role of guest lecturers and prospective applicability. They contend the interpretation of 1998 and 2002 orders, along with guidelines, is essential for uniform staff fixation and post creation across schools.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Indian Drugs & Pharmaceuticals Ltd. v. Workmen(2007) 1 SCC 408Mentioned OnlyCited by Government Pleader to argue governmental control over post creation; court notes it but does not rely on its ratio for the present decision.
Divisional Manager, Aravali Golf Club and another v. Chander Hass and another(2008) 1 SCC 683Mentioned OnlyCited likewise to discuss post-creation authority; court does not apply its principle to overturn or distinguish the present case.
WA 2172/2018 (Division Bench)05-03-2019 (Division Bench decision)PositiveThe court acknowledges and endorses the Division Bench decision, noting it supports the prospective nature and application of the 08-06-2017 Government order in similar contexts.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against WA Nos. 454/2017; 480/2017; 523/2017; 629/2017; 1332/2017 v. State of Kerala & Others (Against judgments in WPCs 30702/2014, 12858/2011, 25697/2005, 25124/2004 & 24430/2010). and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** ## **WA.No.454 OF 2017** # **AGAINST THE JUDGMENT IN WPC 30702/2014 DATED 09-03-2016 OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1 TO 3:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM - 695 001.** - **3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION,CORPORATION BUILDINGS, IV FLOOR, PALAYAM,THIRUVANANTHAPURAM - 695 001.** - **BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE** ## **RESPONDENTS/PETITIONER & RESPONDENT No.4:** - **1 MANJU.S.PILLAI H.S.S.T(HINDI)(JUNIOR), B.J.S.M. MADATHIL, V.H.S.S. H.S.S., THAZHAVA NORTH, KUTHIRAPANTHY P.O., KOLLAM - 690 523.** - **2 THE MANAGER B.J.S.M. MADATHIL, V.H.S.S. H.S.S.,THAZHAVA NORTH, KUTHIRAPANTHY P.O.,KOLLAM - 690 523.** - **R1 BY ADV. SRI.M.V.BOSE AND VINOD MADHAVAN R1 BY ADV. SRI.M.V.BOSE** - **R2 BY ADV. SRI.P.SANTHOSH KUMAR AND K.P.CHANDRA SEKHAR** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2021, ALONG WITH WA.480/2017, WA.523/2017, WA.629/2017, WA.1332/2017, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -2- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** ## **WA.No.480 OF 2017** **AGAINST THE JUDGMENT DATED 31-03-2016 IN WPC 12858/2011 OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1 TO 3:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, TRIVANDRUM - 695 001.** - **3 REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM 695 001.** **BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE** ## **RESPONDENT/PETITIONER & 4TH RESPONDENT:** - **1 SERLY DAS T., AGED 40, SHAJI BHAVAN, NEERKUNNAM, VANDANAM P.O., ALAPPEY, NOW WORKING AS HIGHER SECONDARY SCHOOL, TEACHER JUNIOR, MALAYALAM ARAVUKAD HSS,PUNNAPPRA.** - **2 MANAGER ARUVAKKAD HSS, PUNNAPPARA - 688 005** ## **R1 BY ADV. SRI.BENOY THOMAS** **R1-2 BY ADV. SRI.PAULSON THOMAS** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2021, ALONG WITH WA.454/2017, WA.523/2017, WA.629/2017, WA.1332/2017, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -3- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** **WA.No.523 OF 2017** **AGAINST THE JUDGMENT DATED 31-03-2016 IN WPC 25697/2005 DATED 31-03-2016 OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1 & 2:** **1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM-695001** **BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE** ## **RESPONDENT/PETITIOER & 3RD RESPONDENT:** **1 SHIJI.K.J HSST (JR) (HINDI), S.D.P.Y.B HIGHER SECONDARY SCHOOL, PALLURYTHY, KOCHI-682006 2 THE MANAGER S.D.P.Y.B HIGHER SECONDARY SCHOOL, PALLURYTHY, KOCHI-682006** **R1-2 BY ADV. SRI.K.JAGADEESH R1 BY ADV. SMT.V.RENJU** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2021, ALONG WITH WA.454/2017, WA.480/2017, WA.629/2017, WA.1332/2017, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -4- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** ## **WA.No.629 OF 2017** **AGAINST THE JUDGMENT IN WPC 25124/2004 DATED 31-03-2016 OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1 & 2:** **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM.** **BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE** ## **RESPONDENT/PETITIONER & 3RD RESPONDENT:** **1 ANTU A.D HSST (MALAYALAM), ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR DISTRICT. 2 THE MANAGER ST.FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR DISTRICT. R1 BY ADV. SRI.BENOY THOMAS R1 BY ADV. SRI.PAULSON THOMAS** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2021, ALONG WITH WA.454/2017, WA.480/2017, WA.523/2017, WA.1332/2017, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -5- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942** ## **WA.No.1332 OF 2017** **AGAINST THE JUDGMENT DATED 31-03-2016 IN WPC 24430/2010 OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 1 TO 3:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, TRIVANDRUM-695001** - **3 REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM-695001** **BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE** ## **RESPONDENT/PETITIONER & 4TH RESPONDENT:** **1 SERLY DAS T., AGED 40 YEARS, SHAJI BHAVAN, NEERKUNNAM, VANDANAM PO, ALLEPPEY, NOW WORKING AS HIGHER SECONDARY SCHOOL TECHER JUNIOR, MALAYALAM, ARUVAKAD HSS, PUNNAPPRA.** - **2 MANAGER ARUVAKKAD HSS, PUNNAPPRA-688 005.** **R1 BY ADV. SRI.BENOY THOMAS R1-2 BY ADV. SRI.PAULSON THOMAS** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2021, ALONG WITH WA.454/2017, WA.480/2017, WA.523/2017, WA.629/2017, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -6- ## **J U D G M E N T** [WA.454/2017, WA.480/2017, WA.523/2017, WA.629/2017 & WA.1332/2017] ## **A.K.Jayasankaran Nambiar, J:** The legality of the appointments of the writ petitioners as Higher Secondary School Teachers, against posts that were deemed sanctioned in the High Secondary Schools concerned, based on Government orders issued from time to time, is the subject matter of these writ appeals. Writ Appeal No.454/2017 arises from the judgment dated 09-03-2016 in W.P (C) No.30702/2014, which judgment was followed by the learned Single Judge in the other writ petitions out of which the connected writ appeals arise. 2. Without going into the facts in the individual cases, we find that the writ petitions all involved the appointments of Higher Secondary School Teachers to teach part-II language subjects in additional batches that were expected to be sanctioned in the schools concerned, consequent to the increase therein of the strength of students desirous of learning the language concerned. The appointments made by the Managers concerned were not approved by the educational authorities who contended that in as much as there was only a marginal increase from the previous year, in the number of students seeking to study the language concerned, the sanctioning of additional posts of HSST (Junior) was not permissible. The said orders of the educational authorities were impugned in the writ petition by the affected teachers. 3. The learned Single Judge who considered the writ petitions found that a resolution of the issue depended upon the interpretation of G.O (MS) No.103/92/G.Edn. (HSE) dated 15-05-1992 and G.O (Rt) No.1431/98/G.Edn dated 28-03-1998 both of which are extracted herewith for ready reference. W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -7- ## **GOVERNMENT OF KERALA** ## **Abstract** General Education- Higher Secondary Schools – Minimum strength of Pupils-staff fixation-approval of appointment of Teachers- Further Orders Issued. ## GENERAL EDUCATION (HSE) DEPARTMENT G.O.(MS) No.103/92/G.Edn. Dated Thiruvananthapuram, 15-05-1992 Read:-1. G.O.(MS) 162/91/G.Edn. Dated 1-10-1991 2. Letter No.A2/1545/91/HSE. dt. 13-11-91 and 11-2-92 from the Director. ## **ORDER** In partial modification to the G.O. read, Government order as follows:- A- Minimum strength of Pupils:- It has been reported that since the Higher Secondary course was started very late during 1991-92 in a few schools there is dearth of pupils. The minimum strength of 25 pupils per batch fixed as per the G.O read will not be insisted during the academic year 1991-92 only. B- Minimum number of pupils required for sanctioning the post of Higher Secondary teacher in Part II Languages:- It is reported that in certain subjects the minimum number of pupils prescribed for sanctioning the posts of Higher Secondary teachers (Part II Language) is not available. No General Order reducing the minimum number of pupils will be issued. However individual cases where marginal reduction has accrued in respect of post in Mal/Hindi and Arabic will be examined on merits. Such cases will be referred to Government by the Director wherever necessary. C- Staff fixation:- For the sake of uniformity the staff fixation in Aided Higher Secondary Schools will be done by the Director. The staff fixation already done by the Deputy Directors of Education will be reviewed and finalised by the Director. D- Approval of appointments:- Aided Schools: Approval of appointments will be done by the Director. (By Order of the Governor) T.N. JAYACHANDRAN, Commr. & Secretary to Government ## **GOVERNMENT OF KERALA** ## **Abstract** Higher secondary Education – Additional Division to Language Classes in Higher Secondary Schools Sanctioned – Orders Issued. GENERAL EDUCATION (T) DEPARTMENT G.O.(Rt) No.1341/98/G.Edn. Dated, Thiruvananthapuram, 28-03-1998 Read:- Lr. No.C6/13060/HSE/97 Dated 12.1.1998 from the Director Higher Secondary Education, Thiruvananthapuram. W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -8- ## **ORDER** In the circumstances reported by the Director of Higher Secondary Education in his letter read above Government are pleased to sanction one additional division to Language classes over 50 students with a margin of 10 students with teachers in all the Higher Secondary Schools in the state where ever necessary. ## (By Order of the Governor) K.R.MADHUSOODHANAN NAIR Deputy Secretary. 4. Briefly stated the scheme discernible from the various Government orders issued till the date of the filing of the writ petitions is that Higher Secondary Courses are sanctioned to Aided schools based on an application preferred by the Managers of the said schools, and after an ascertainment by the Government of the existence of the necessary infrastructural facilities to impart instruction in the said courses. Depending on the batches sanctioned for a particular school, students would be admitted to the courses subject to the maximum permissible limit of 50 students per batch sanctioned. The number of batches sanctioned would consequently determine the number of teachers to be appointed to impart instructions to students in the courses concerned. When it came to the teaching of part-II languages such as Malayalam and Hindi, with which we are concerned in the instant writ appeals, the Government orders referred above mandated that the number of batches, and consequently the number of teachers to teach the language, would be determined by a formula different from that prescribed for determining the number of batches for the main higher secondary course. During the relevant period, the Government order dated 28-03-1998 extracted above prescribed that one additional division would be sanctioned to language classes over 50 students with a margin of 10 students. The learned Single Judge found that the interpretation to be given to the said Government order was that whenever the number of students desirous of learning part-II language in the school exceeded 50 but did not exceed 60, although the W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -9- number of students exceeded the permissible maximum strength of 50 for a particular batch, an additional batch was not required to be sanctioned. However the Government order required the sanctioning of an additional batch on the student strength in the language class exceeding 60. It was found that if the strength of students in the language class was 61 and above, then the sanctioning of an additional batch for the language concerned was warranted, and thereafter the students' strength in each batch adjusted so as to ensure that there was only a maximum of 50 in each batch. The learned Single Judge also found that once the number of batches that could be sanctioned for teaching language was determined, the creation of a post of HSST (Junior) would depend upon the number of teaching hours per week that was necessitated from each of the teachers for imparting instructions to the students concerned. Accordingly if there was a requirement of teaching more than 6 hours per week for any teacher then an additional teacher could be appointed for the language concerned. 5. In these writ appeals, the limited point canvassed by the appellants is that the interpretation given by the learned Single Judge to the Government order dated 28-03-1998 is erroneous. It is their contention that the formula of 50 students being permitted in a batch, with a margin of 10 before sanctioning the next batch, has to be taken as permitting 60 students per batch and the total number of students desirous of learning a particular language has to be first taken and that number divided by 60 to arrive at the number of batches that can be sanctioned for teaching the language in the higher secondary school concerned. In other words the learned Government Pleader requires us to understand the notification dated 28-03-1998 as authorising an additional batch only if the students' strength exceeds 60 in a particular year and further that any marginal increase over and above that will not require the sanctioning of an additional batch. W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -10- 6. We have given our anxious consideration to the submissions of the learned Government Pleader but we find ourselves unable to accept the interpretation suggested of the Government order dated 28-03-1998. As rightly observed by the learned Single Judge in the judgment impugned in W.A No.454/2017, the Government order dated 28-03-1998 sanctioned one additional division to classes over 50 students with the margin of 10 students in all the Higher Secondary Schools. It followed therefore if the students' strength exceeded 60 then there should be an additional batch sanctioned with the maximum students in each batch maintained at 50. This would have to be determined on the basis of the student strength at each point when it exceeded 50, with every 61 students resulting in two additional batches, one for the 50 and the other for 11. We also find that the interpretation given to the circular dated 30-05-2000, that prescribed the maximum strength of one batch to be 50 and the maximum number of periods to be taught by a full time HSST as 25 also does not require any interference. The distribution for various subjects mentioned in the said circular clearly showed that there were 6 hours/periods required to be taken for part-II languages. When the Government order dated 29-11-2002 provided for the appointment of an HSST (Junior) on the excess period in a week exceeding 3, for every period beyond 28 there had to be an additional HSST (Junior) appointed for the language subjects. On the facts of the particular case dealt with in the judgment, the eligible staff strength was directed to be determined on the basis of the staff fixation order and the Government orders and circulars referred above. For the sake of convenience the G.O. (MS) No. 398/2002/G.Edn dated 29-01-2002 is extracted herewith for ready reference: W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -11- GOVERNMENT OF KERALA Abstract GENERAL EDUCATION- HIGHER SECONDARY EDUCATION-STAFF FIXATIONSANCTIONING OF POSTS – CLARIFICATION – ORDERS ISSUED. GENERAL EDUCATION (T) DEPARTMENT G.O.(MS)No.398/2002/G.Edn. Thiruvananthapuram, Dated, 29[th] November, 2002 Read:- Letter No.Acd.A1/20164/HSE/2001 dated 22.7.2002. ## **ORDER** The Special Rules for appointment of Teachers in Higher Secondary Sections both in Government and Aided Higher Secondary Schools categories the post of Teachers as Higher Secondary School Teachers and Higher Secondary School Teachers (Junior) according to the number of periods of teaching per week as follows:- Below 15 periods : Junior Higher Secondary School Teacher (Junior) 15 and above but below 26 : Higher Secondary School Teacher. 2. The Director of Higher Secondary Education vide letter read above has requested Government to issue orders clarifying this minimum period of teaching for sanctioning additional posts to each subject. 3. Government after examination the matter are pleased to issue the following norms for sanctioning an additional post of Higher Secondary School Teacher (Junior) when there are one or more Higher Secondary School Teacher in a particular subject in a Higher Secondary School:- |Number<br>of<br>Higher<br>Secondary School Teacher<br>post in a Particular subject<br>existinginan HSS|Minimum number of excess<br>periods per week required for<br>appointing a HSST (Junior) in<br>the concerned Subject.| |---|---| |One HSST<br>Two HSST<br>More than 2 HSST|3<br>6<br>9| Government also clarify that periods below the minimum level as indicted above shall be handed by the existing Higher Secondary School Teacher/Higher Secondary School Teachers. By order of the Governor, Under Secretary to Government. 7. The learned Government Pleader would refer us to the judgment dated 05-03-2019 of a Division Bench of this court in WA No.2172/2018 that affirmed the judgment dated 03-10-2018 of the learned Single Judge in W.P (C) No.41279/2017 to contend that by a Government order dated 08-06-2017, the W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -12- Government had clarified that periods below the minimum level indicated in the said Government order would be continued to be handled by the existing Higher Secondary School Teachers and further, unless the requirement of periods to be taught exceeded 6 in a week then, for imparting instructions for the period from 1 to 6, only Guest Lecturers could be appointed by the Managers of the schools concerned. While we don't for a moment doubt the correctness of the said judgment which was rendered in the context of the Government order referred above, we might only notice that, by a separate Government order dated 22-112018, that has been brought to our notice by learned counsel for the respondents, it has been clarified by the Government that the stipulations in the Government order dated 08-06-2017 are only prospective and cannot affect the appointments made prior to that in the Higher Secondary Schools in the State. The learned Government Pleader would also rely on the decisions in **Indian Drugs & Pharmaceuticals Ltd. v. Workmen, Indian Drugs & Pharmaceuticals Ltd.** **(2007) 1 SCC 408** & **Divisional Manager, Aravali Golf Club and another v. Chander Hass and another (2008) 1 SCC 683** to contend that the creation/sanctioning of posts is within the sole province of the Government and it will not be open to the educational authority or the Managers to make appointments to posts that have not been created/sanctioned by the Government. While we are at a loss to understand how the said judgments would have a bearing on the facts of the instant case, we might only observe that it is only on the strength of the Government orders in force that the creation of posts was found necessary in the instant cases, and the appointment of Higher Secondary School Teachers warranted to the said posts. The learned Government Pleader also refers to the guidelines issued by the Circular dated 01-06-2000 to contend that the additional periods could be handled by appointing Guest Lecturers only. However, we notice that after the issuance of the aforesaid guidelines the Government W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -13- through an order dated 29-11-2002 has clearly indicated that if the number of periods exceeds 3, the same warrants the appointment of a Higher Secondary School Teacher (Junior). The Government order of the year 2000 being later in point of time would obviously override the guidelines contained in the Circular of 01-06-2000. That apart the requirement of appointment of Guest Lecturers was subsequently clarified only in 2017. Therefore, for the period from 29-11-2002 to 08-06-2017 appointments would obviously be governed by the stipulations in the Government order dated 29.11.2002. In the result, we see no reason to interfere with the judgment of the learned Single Judge. The writ appeals therefore fail and are accordingly dismissed. ## (Sd/-) **A.K. JAYASANKARAN NAMBIAR JUDGE** ## (Sd/-) **GOPINATH P. JUDGE** AMG W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -14- ## **APPENDIX OF WA 454/2017** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE I**|**TRUE COPY OF G.O.(RT)NO.1341/98/G.EDN. DATED**| |---|---| ||**28.3.1998 OF GENERAL EDUCATION DEPARTMENT.**| |**ANNEXURE II**|**TRUE COPY OF CIRCULAR NO.C1/6182/HSE/97 DATED**| ||**8.7.1998 OF THE DIRECTORATE OF HIGHER SECONDARY**| ||**EDUCATION.**| |**ANNEXURE III**|**TRUE COPY OF CIRCULAR NO.AD.B1-7225/00/HSE DATED**| ||**30.5.2000 OF THE DIRECTORATE OF HIGHER SECONDARY**| ||**EDUCATION.**| |**ANNEXURE IV**|**TRUE COPY OF GUIDELINES CIRCULAR**| ||**NO.ACD:B1/7405/HSE/2000 DATED 1.6.2000 OF THE**| ||**DIRECTORATE OF HIGHER SECONDARY EDUCATION.**| |**ANNEXURE V**|**TRUE COPY OF G.O.(RT)NO.1958/2002/G.EDN. DATED**| ||**3.7.2002 OF GENERAL EDUCATION DEPARTMENT.**| |**ANNEXURE VI**|**TRUE COPY OF G.O.(MS)NO.398/2002/G.EDN. DATED**| ||**29.11.2002 OF GENERAL EDUCATION DEPARTMENT.**| |**ANNEXURE VII**|**TRUE COPY OF THE STAFF FIXATION ORDER NO.**| ||**TRO.04/6446/HSE/2016 DATED 27.5.2016 OF THE**| ||**REGIONAL DEPUTY DIRECTOR FROM 2008-2009 TO 2012-**| ||**2013.**| |**ANNEXURE VIII **|**TRUE COPY OF G.O.(MS)NO.466/05/G.EDN. DATED**| ||**31.12.2005 OF GENERAL EDUCATION DEPARTMENT.**| |**ANNEXURE IX**|**TRUE COPY OF G.O.(MS) NO.76/2013/G.EDN. DATED**| ||**23.2.2013 OF GENERAL EDUCATION DEPARTMENT.**| W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -15- ## **APPENDIX OF WA 480/2017** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**TRUE COPY OF GO(RT) BO 1341/98/G.EDN DATED**| |---|---| ||**28.3.98 OF GENERAL EDUCATION (T) DEPARTMENT**| |**ANNEXURE A2**|**TRUE COPY OF CIRCULAR NO C1/6182/HSE/97 DATED**| ||**8.7.98**| |**ANNEXURE A3**|**TRUE COPY OF CIRCULAR NO AD.B1-7225/00/HSE DATED**| ||**30.5.2000**| |**ANNEXURE A3**|**TRUE COPY OF CIRCULAR NO AD.B1-7225/00/HSE DATED**| ||**30.5.2000**| |**ANNEXURE A4**|**TRUE COPY OF CIRCULAR NO ACD B1/7405/HSE/2000**| ||**DATED 1.6.2000 OF THE DIRECTORATE OF HIGHER**| ||**SECONDARY EDUCATION**| |**ANNEXURE A5**|**TRUE COPY GO(RT) 1958/2002/G.EDN DATED 3.7.2002**| |**ANNEXURE A6**|**TRUE COPY OF GO(NS) NO 466/05/G.EDN DATED**| ||**31.12.2005**| |**ANNEXURE A7**|**GO(MS) NO 76/2013/G.EDN DATED 23.2.2013 OF**| ||**CREATING POST IN HIGHER SECONDARY SCHOOLS.**| |**RESPONDENT'S/S**|**EXHIBITS:**| |**ANNEXURE R1(A) **|**TRUE COPY OF EXT-P21 I.E CIRCULAR DATED 30.5.2000**| ||**ISSUED BY THE DIRECTOR**| |**ANNEXURE R1(B) **|**TRUE COPY OF EXT-P18 I.E GO(RT) NO 1341/98/G.EDN**| ||**DATED 28.3.1998**| |**ANNEXURE R1(C) **|**TRUE COPY OF EXT-P18(A) I.E.PROCEEDINGS NO**| ||**ACD.B2/13944/HSE/09 DATED 22.3.2011 ISSUED UNDER**| ||**THE RTI ACT**| |**ANNEXURE R1(D) **|**TRUE COPY OF EXT-P22 I.E.GO.O (MS) NO**| ||**153/2000/G.EDN DATED 19.5.2000**| |**ANNEXURE R1(E) **|**TRUE COPY OF EXT-P26 DO.I.,E. GO (MS) NO**| ||**18/91/G.EDN DATED 1.2.1991**| |**ANNEXURE R1(F) **|**TRUE COPY OF EXT-P23 I.E STAFF FIXATION ORDER FOR**| W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -16- **THE ACADEMIC YEAR 2004-2004 TO 2006-2007 VIDE PROCEEDINGS DATED 18.9.2007** - **ANNEXURE R1(G) TRUE COPY EXT-P15(A) I.E STAFF FIXATION ORDER FOR THE ACADEMIC YEARS 2007-2008 TO 2008-2009 VIDE PROCEEDINGS DATED 12.5.2010** - **ANNEXURE R1(H) TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEARS 2009-2010 TO 2015-2016 VIDE PROCEEDINGS NO 4095/CV9/2016/CNGR DATED 18.2.2017 ISSUED BY THE 3RD RESPONDENT COMPETENT AUTHORITY.** - **ANNEXURE R1(I) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER PRODUCED ALONG WITH THE WRIT PETITION** **ANNEXURER1(J) TRUE COPY OF THE STAFF FIXATION ORDER DATED 29.3.2019** W.A. Nos.454, 480, 523, 629 & WA.1332/2017 -17- ## **APPENDIX OF WA 1332/2017** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**TRUE COPY OF GO(RT)NO.1341/98/G.EDN DATED**| |---|---| ||**28.09.1998 OF GENERAL EDUCATION (F) DEPARTMENT.**| |**ANNEXURE A2**|**TRUE COPY OF CIRCULAR NO.C1/6182/HSE/97 DATED**| ||**08.07.1998.**| |**ANNEXURE A3**|**TRUE COPY OF CIRCULAR NO.AD.B1-7225/00/HSE DATED**| ||**30.05.2000.**| |**ANNEXURE A4**|**TRUE COPY OF CIRCULAR NO.ACD B1/7405/HSE/2000**| ||**DATED 01.06.2000 OF THE DIRECTORATE OF HIGHER**| ||**SECONDARY EDUCATION.**| |**ANNEXURE A5**|**TRUE COPY OF GO(RT)1958/2002/G.EDN DATED**| ||**03.07.2002.**| |**ANNEXURE A6**|**TRUE COPY OF GO(MS)NO.466/05/G.EDN DATED**| ||**31.12.2005.**| |**ANNEXURE A7**|**GO(MS)NO.76/2013/G.EDN DATED 23.02.2013 OF**| ||**CREATING POST IN HIGHER SECONDARY SCHOOLS.**|