JAYASREE P. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Chapter XXXII of the Kerala Education Rules (KER for short) stipulates the method of appointment to the post of Principal in a Higher Secondary School, in Rule 4 thereof. As per this Rule, the post of Principal in Higher Secondary Schools is to be filled either by promotion from among qualified Higher Secondary School Teachers (HSST) or by transfer from among qualified Headmasters of High Schools, under the respective educational agency. The Rule, thereafter, postulates that the post will be filled up from among the afore two categories in the ratio of 2:1 and that if qualified candidates are not available for appointment to a vacancy by any of such methods, such vacancy shall be filled up by other method.

(2.) The afore provision has been attracted in this case because, the petitioner is stated to be a qualified Headmistress of the 'Chalavara Higher Secondary School', Palakkad, who stakes claim to be appointed as the Principal of the said School, into a vacancy that arose on 01.06.2020. However, the competent educational Authorities turned down her request saying that, as per the ratio mentioned in Rule 4 of Chapter XXXII of the KER, her chance will come only when the 6th turn for appointment to the said post arises and that what has arisen on 01.06.2020 is the 4th turn.

(3.) The petitioner challenged this stand of the educational Authority before the Government of Kerala, by filing a statutory revision, which has culminated in Ext.P1 order dated 01.03.2021, wherein, the afore has been reiterated. She, therefore, challenges Ext.P1 order and prays that 4th respondent-Manager be 4 directed to appoint her to the vacancy of Principal, which is now being officiated by the 5th respondent as the Principal-in-Charge.