CHANDRASEKHARA HOLLA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, in effect seeks a declaration that R.45 of Chap.14A of the Kerala Education Rules, 1959 is ultra vires. R.45, Chap.14A, K.E.R. gives preference in favour of graduates over senior non graduates who are qualified to hold the post of Headmaster of U.P. School. That is a discrimination. There is no reason for discriminating a senior non graduate to give promotion to a senior graduate, when both are working as Assistant Teachers. R.45 Chap.14A of the Kerala Education Rules read as follows:

(2.) There are three sentences in the rule. First sentence casts an obligation on the appointing authority that he shall appoint only a qualified person as Headmaster. The second sentence in the rule says that the graduate teacher in the school with B. Ed. or other equivalent qualification and who has at least five years experience in teaching after acquisition of B. Ed. Degree may be appointed as Headmaster, provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. The third sentence in the said rule provides that in the absence of such a graduate teacher, the senior most under graduate teacher possessing the qualification prescribed for an Assistant Teacher be appointed. This rule thus, prescribes the method of appointment and qualification to the post of Headmaster of an Upper Primary School. There is no other provision prescribing qualification to the post of headmaster of U.P. School. Nothing is brought to my notice also. Prescription of qualification and method of appointment shall be in the sole domain of the rule making authority. Such a rule prescribing method of appointment and qualification can be challenged only when there is total arbitrariness and discrimination offending Art.14 of the Constitution of India or else is ultra vires to the parent statute. There is no contention that it is ultra vires to the parent statute.

(3.) On reading of the above, it can be seen that there is no absolute preference in favour of graduates totally excluding non graduates. When there are graduates as well as non graduates working as Assistant teachers in a U. P. School and when a post of Headmaster falls vacant, a graduate teacher shall be appointed to that post only if he satisfies the requirement of five years' experience in teaching after acquiring B. Ed. Degree and has atleast half of the period of service put in by the seniormost under graduate teacher. Only when a graduate teacher satisfying such requirements is available, the manager is obliged to appoint graduate teacher overlooking the seniority of the non graduate teacher. Thus there is no absolute preference to the graduate teacher or total exclusion of the non graduate teacher. The post of Headmaster has pivotal importance so far as an educational institution is concerned. When a graduate teacher with sufficient experience and seniority and atleast half of the service of the senior non graduate teacher is to be appointed as Headmaster of U.P. School, it cannot be taken as arbitrary or discriminatory. Therefore, the challenge against the rule fails.