MANAGER Vs. RAJITHAKUMARI

JUDGEMENT

(1.) W. A. 1785/2000 was preferred by the Manager of Mannayad lakshmivilasam L. P. School challenging the judgment in O. R 6322/2000 by which learned Single Judge directed the Manager to appoint the first respondent herein who was petitioner in the O. R as a Lower Primary School Assistant in the appellant-school. O. R 4696/2000 was preferred by the Manager of the school challenging Ext. P5 communication, dated 27th January, 2000 issued by the assistant Educational Officer directing appointment of Smt. K. Rajithakumari, first respondent in the appeal, as L. P. S. A.

(2.) WE are narrating the facts we get in O. R 6322/2000. Petitioner Rajithakumari was appointed as Lower Primary School Assistant in the Mannayad Lakshmivilasam L. P. School (hereinafter called the school) from 19th November 1996 to 16th February 1997 in a leave vacancy as per order, dated 19th November 1996 issued by the Manager of the school. The School is an Aided School coming within the jurisdiction of the Assistant Educational Officer, Thalassery. Appointment of the petitioner was duly approved by the A. E. O. by order, dated 15th March 1999. Petitioner was subsequently thrown out due to want of vacancy. Consequently, she became a R. 51a claimant in the post of L. P. S. A.

(3.) COUNSEL appearing for the teacher Sri. Nayanar submitted that the learned 'single Judge has rendered the judgment not on concession but on the basis of the interpretation of R. 3 of Chapter XXXI and Rr. 3 A and 4-A. COUNSEL further submitted that eventhough R. 4 of Chapter XXXI of the K. E. R. says that the training qualification for the post of Lower Primary School assistant is stated to be T. T. C. on the basis of R. 4-A Educational Officer shall be competent to approve the appointments of candidates possessing higher qualifications provided they have any other training qualifications approved by the Government of Kerala. COUNSEL submitted that B. Ed, is the training qualification approved by the Government of Kerala and therefore R. 3a of chapter XXXI read with R. 4-A would indicate that B. Ed is also a training qualification which would be sufficient for appointment to the post of L. P. S. A.