A YOUNUS KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are preferred by the Manager of AKMHS, Mylapur and another aggrieved by the direction of Educational Authorities as well as the Government to appoint 5th respondent herein as teacher in charge.

(2.) Short facts which are necessary for disposal of these cases are as follows: The post of Headmaster fell vacant in the AKMHS on 31-3-97. Manager appointed 6th respondent Sasindra Babu as teacher in charge with effect from 1-4-97. District Educational Officer as per order dated 15-4-97 approved the said appointment. Aggrieved by the said order 5th respondent Ushakumari claiming to be the seniormost H.S.A. in the school filed petition before the Director of Public Instruction who is second respondent. Second respondent then passed order dated 25-7-97 stating that the action of the District Educational Officer was illegal and the same was set aside and 4th respondent was directed to appoint the seniormost qualified teacher as the teacher in charge in the post of Headmaster.

(3.) Manager then filed revision petition dated 19-8-97 before the Director of Public Instruction which was rejected holding that the manger is bound to follow the provisions of Rule 44 (1) of Chapter XIV-A of Kerala Education Rules. It was held that Ushakumari was the seniormost teacher and the rightful claimant for the post. Aggrieved by the said order managed filed revision petition dated 31.10.97 before the Government. Revision was dismisssed by the Government by order dated 11.6.1998. Aggrieved by the same manager has approached this court.