SHUJA BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) These two original petitions relate to sanction of additional divisions in St.John's High School, Mattom, Mavelikkara, on staff fixation for the year 1999-2000. O.P.No.18706/2000 is filed by the manager of the school challenging Ext.P5 order of the Government whereby the Government had refused sanction of additional divisions to which the petitioner was found eligible for the year 1999-2000. O.P.No.18651/2000 is filed by the teachers appointed by the manger in the additional posts to which the school was eligible for the additional divisions in accordance with the staff fixation. Since the two original petitions related to the same subject matter, they are disposed of by this common judgment.

(2.) The issue involved arises in the peculiar circumstances which are detailed as follows: - For the year 1998-99 there were 49 class divisions in the St.John's High school. During the year 1999-2000, the District Educational Office (DEO) visited the school on 7.6.1999 for verification of the student strength. On such verification, the DEO found that the school was eligible for sanction of 52 class divisions. A higher level verification was conducted on 2.8.1999, in which it was found that the student strength permitted sanction of only 49 class divisions. On the ground that the fall in the student strength on day of higher level verification was on account of an epidemic prevailing in the area at the relevant time, the manager filed an application before the Government for a re-higher level verification. That was sanctioned by the Government and a re-verification of student strength was conducted on 1.9.1999 in which it was found that the student strength warranted 52 class divisions.

(3.) In 1991, Rule 12 of Chapter XXIII of the KER was amended. The amended Rules is as follows: