RAJAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) R.6(viii) of Chapter V of the Kerala Education Rules requires that every application shall be accompanied by-

(2.) Petitioner was an applicant for permission to open a new High School. The first respondent sanctioned his application for the academic year 1984-85 in G.O.Ms. 143/84/G. Edn. dated 30-7-1984. The District Educational Officer in Ext. P1 order dated 24-11-1984 accorded formal sanction for opening Standard VIII in the new School with effect from 21-11-1984, "as the Manager has satisfied all the conditions in the G.O. cited as 1st paper above".

(3.) Petitioner submits, that one of the conditions which he has complied with is the execution of the agreement mentioned in R.6(viii) of Chapter V of the Kerala Education Rules (hereinafter to be referred to as the Rules). He also appointed one Shri. Chellappan Nair, a protected teacher of S. V. C. G. High School, Chirayinkeezhu with effect from 21-11-1984. Petitioner submits, that the third respondent having accorded due compliance with the conditions, including appointment of a protected teacher in Ext. P1 order, it was not open to any of the respondents to require him to appoint another protected teacher in his School. In other words, he submits that he has agreed to appoint only one protected teacher and no more. He submits further that the power given to the respondents under the agreement is exhausted by its first exercise and therefore none of the respondents was competent to direct him to appoint another protected teacher in his school. That is the point to be decided in this Original Petition.