SETHUMADHAVAN Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE rival claims to the post of Headmaster raised by the petitioner and 6th respondent are finally resolved by the Government in Ext. P4 holding that the claim of the 6th respondent shall be upheld inspite of the decision of the Manager to appoint the petitioner. THErefore Ext. P4 is under challenge in this Original Petition.

(2.) THE post of Headmaster of A. M. U. P. School, Puranannur, an aided school, fell vacant on 1. 5. 1999. THE Manager appointed the petitioner who was admittedly senior to the 6th respondent. Sixth respondent was a graduate with B. Ed, whereas the petitioner was not. THE 6th respondent had more than half of the service put in by the petitioner. THE 6th respondent had also more than five years service after acquiring B. Ed, qualification. THErefore she claimed that she had preference being a graduate with B. Ed, and sufficient service qualification, for appointment as Headmaster of a U. P. School in terms of rule 45 Chap. XIV-A of the Kerala Education Rules. Finding that there was a teacher with graduation and B. Ed, with sufficient service qualification in terms of R. 45 of Chap. XIV-a K. E. R. the Assistant Educational Officer declined to grant approval to the appointment of the petitioner as Headmaster. THE petitioner filed appeal. At that stage the 6th respondent was also heard. THE respective claims were examined and the District Educational Officer set aside the order of the Assistant Educational Officer. THE 6th respondent went in revision before the Director of Public Instruction. THE Director of Public instruction also upheld the order of the District Educational Officer. That was again challenged in a review petition under R. 92 of Chap. XIV-A K. E. R. by the 6th respondent. THE Government after considering the 6th respondent's graduation with B. Ed, and the service qualification, passed Ext. P4 upholding the claim of the 6th respondent. That is why petitioner has approached this court.