USHA RATNAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment in O. P. No. 30102 of 2000. Writ Petition was preferred by the Manager of a Lower Primary School. He is aggrieved by the direction given by the educational authorities for appointing respondents 4 and 5 in the school since they are R.51A claimants.

(2.) According to the appellant, amendment effected to R.3(1) and 4(1) of Chap.31 of the Kerala Education Rules, vide G. O.(P) No. 188/2000 / G.Edn. dated 8.6.2000, would take away the right of R.51A claimants, respondents 4 and 5, since they are not having TTC qualification on the date of occurrence of vacancies. Learned Single Judge did not accept the contention of the appellant and dismissed the Writ Petition. Aggrieved by the same this Writ Appeal has been filed.

(3.) Short facts which are necessary for disposal of the appeal are as follows: Respondents 4 and 5 are admittedly R.51A claimants. They possess B. Ed. degree qualification. A vacancy of Lower Primary School Assistant arose in the school on 5.6.2000. In that vacancy, sixth respondent, a fresh hand having TTC qualification, was appointed. Another vacancy of Lower Primary School Assistant arose in the school on 1.8.2000. In that vacancy, seventh respondent was appointed. He was also a fresh hand having TTC qualification. Respondents 3 and 4 came to know about the appointments of respondents 6 and 7. Appointments of respondents 6 and 7 were not approved by the Assistant Educational Officer stating that rights of R.51A claimants were overruled.