P RAGHAVA KURUP Vs. V ANANTHAKUMARI

JUDGEMENT

(1.) This appeal is directed against the order passed by the Division Bench of Kerala High Court in W.A.No.413 of 2001 dated 11.1.2001 whereby the appeal filed by the respondent No.1 herein was allowed by the Division Bench and the judgment of learned Single Judge of the High Court was set aside.

(2.) Brief facts which are necessary for disposal of this appeal are that the respondent No.1 V.Ananthakumari ( hereinafter referred to as respondent ) was working as a Peon in Viswabharathi Model High School. She was appointed as a Peon on 19.6.1984 and the appointment was approved. She possessed all necessary qualification for being considered for appointment as High School Assistant (Hindi). On account of retirement, a vacancy in High School Assistant (Hindi) arose in the School on 1.4.2000. Since other incumbents in the School were not eligible and respondent alone was eligible for being considered for appointment to the said post, therefore, she made a request to management to consider her case but the Management did not accede to her request and rejected the same. Appointment was given to one P.Rajeev- the appellant herein vide Ext.P1 dated 1.8.2000. This appointment of the appellant herein was approved by the District Education Officer by order dated 23.9.2000. Thereafter the respondent (herein) approached the Kerala High Court by filing a writ petition and direction was given by the Court in O. P.No.19512 of 2000 to the District Education Officer to consider the candidature of the respondent. The District Education Officer rejected her claim. The matter was taken up in appeal before the Director of Public Instructions and the Director of Public Instructions allowed the appeal of the respondent and set aside the appointment of appellant herein. Aggrieved against the order of the Director of Public Instructions, the appellants herein filed a writ petition before the High Court of Kerala. Learned Single Judge allowed the writ petition and quashed the order of the Director of Public Instructions. Aggrieved against the order passed by learned Single Judge, the respondent herein filed a writ appeal before the Division Bench. The Division Bench set aside the order of learned Single Judge and held that the respondent herein was qualified to be appointed as High School Assistant (Hindi). Aggrieved against aforesaid order present appeal was filed.

(3.) Service condition of such employees is regulated by The Kerala Education Rules, 1959 (hereinafter to be referred to as "the Rules") and we are concerned with Chapter XIV which deals with conditions of service of aided school teachers. The Rules were framed under the Kerala Education Act, 1958 (hereinafter to be referred to as "the Act"). Rule 1 empowers the Managers of the Private Schools to make appointment of a candidate who possesses prescribed qualification. Rule 1 reads as under :