T PAVEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Kerala Education Rules, 1959 under Chapter VI, Rule 23 provides for maximum strength in a class division. Is there any minimum so as to protect the interests of the teachers?

(2.) Teacher student ratio under the Kerala Education Rules is 1 : 45. However when the teachers faced the problem of division fall, the Government issued several orders for protecting the interests of the teachers. The relevant orders for the purpose of these cases are Exts. P4, P5 and P7 produced in W. P. (C) 25631 of 2003. G. O. (P) 175/99/G. Edn. dated 26-7-1999 (Ext. P4) to the extent relevant reads as follows :

(3.) While the Government Orders Exts. P4 and P5 thus governed the field of accommodation of teachers rendered surplus by applying the ratio of 1 : 40 instead of 1 : 45, the Government issued Ext. P7 G. O. (P) 403/2002/G. Edn. dated 4-12-2002. The dispute is on paragraph 2 (iii) which reads as follows : 'The teacher student ratio of 1 : 40 shall be continued for this academic year also for the limited purpose of retaining the teachers who were enjoying the same benefit during the last year (3300 Nos. approximately) instead of treating them as protected teachers". The learned Government Pleader submits that the benefit of Exts. P4 and P5 Govern-ment Orders are available only to those teachers who were appointed prior to 14-7-1996 as provided in Ext. P4 Government Order. It is also submitted that only those teachers who were retained by applying the ratio of 1 : 40 during the academic year 2001-02 will be entitled to have the benefit of retention by applying the ratio 1 : 40 from the academic year 2002-03 and thereafter.