MANAGER Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The petitioner, who is the Manager of a High School, is aggrieved by the refusal to sanction an additional division in Standard IX in spite of the availability of sufficient accommodation.

(2.) The academic year in question is 2004-2005. Ext.P1 is the copy of the staff fixation order. In the year 2004-2005, there were 102 students in Standard IX which entitled an additional division and a post in the school. But, only 14 divisions were sanctioned going by Ext.P1. In the additional division, one Sri.Rajeevan was appointed as H.S.A and as the additional division has not been sanctioned, the appointment of Sri.Rajeevan has not been approved.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner submitted that even going by the staff fixation order, it can be seen from the accommodation existing that item No.5 in Ext.P1 is a stage having measurement of 22x20x13 which was thus available for accommodating the additional division. It is pointed out that apart from it the petitioner had provided an additional accommodation for Standard IX with measurement of 20x20x12 but the fitness certificate for the new accommodation was obtained only on 23.09.2004 and hence it was not acted upon.