BALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) W.A.No. 1934/2000 is filed against the judgment in O.P.No. 8163/94, while W.A.Nos.2025/2000 and 2026/2000 are filed against the judgment in O.P.Nos. 7197/94 arid 4436/94 respectively. The main case is W.A.No. 1934/2000 and the other two writ appeals can be disposed of in the light of the judgment in W.A.No. 1934/2000.

(2.) As already stated, W.A.No. 1934/2000 is filed against the judgment in O.P.8163/1994. The petitioner is the appellant. He is the manager of S.V.M.Model High School, Vendar, Kottarakkara. The question for consideration in this case is, as to which of the persons from respondents 5 and 6 is entitled to be the Headmaster of the school. 5th respondent, A. R. Meenakshi Amma is the wife of the Manager. 6th respondent, N. Radhakrishnan Nair is claimant to that post. The previous Headmaster retired on 31-3-1993 on superannuation. So the vacancy arose on 1-4-1993. But, it seems that the Manager represented to the Government to allow the Headmaster (in this case the same person) to continue for one more year. But that representation was dismissed by the Government on 12.4.1994.

(3.) According to the appellant, 5th respondent is fully qualified to be appointed as Headmistress of the school and the 6th respondent has no prescribed qualification. The appellant by Ext. P1 dated 25-4-1994 sought for the approval of 5th respondent. The District Educational Officer passed Ext. P3 order by which he refused to approve the 5th respondent as teacher in charge and also refused to consider the petition of the 6th respondent. The Manager by Ext. P4 filed an appeal before the Deputy Director of Education. The Deputy Director found that 6th respondent was the qualified person and he should be appointed as Headmaster. The appeal was disposed of in the above manner. But, it seems that, subsequently by Ext. P7 order dated 3-5-1994, the Government by special order directed the District Educational Officer to approve the appointment of the 5th respondent and this was done by Ext. P8 order. In the meanwhile, two original petitions were filed before this Court by the 6th respondent. They are O.P.Nos.4436 and 7197 of 1994. In O.P.No.4436/94, the prayer was for a direction to promote the petitioner as Headmaster, while in the other O.P, O.P.No.7197/1994 the prayer was to quash the approval granted to the appointment of A. R. Meenakshi Amma, by the Government. In O.P.No.8163/94 filed by the Manager, the prayer was for quashing G.O.(MS). 2/81 and for a writ of mandamus directing the respondents to refrain from interfering in any manner with the t continuing the 5th respondent as Headmistress. As already stated, O.P.No.8163/94 was heard first and the other two original petitions were disposed of in the light of the judgment in O.P.No. 8163/94.