PADMANABHAN NAIR Vs. DY DIRECTOR

JUDGEMENT

(1.) The two petitioners are the Manager and the Headmaster respectively of the Nava Mukunda High School, an aided school governed by the Kerala Education Act and the Rules (in short the Act and the Rules).

(2.) The post of Headmaster in the school fell vacant on April 1, 1979 consequent on the retirement of Sri. P.M. Sethumadhavan Nair from service.

(3.) R.44A of Chapter XIV-A of the Rules prescribes the minimum service qualification for appointment as Headmaster of a High School as twelve years of continuous graduate service with a pass in the test in the Kerala Education Act and the Kerala Education Rules, and in Account Test (Lower) conducted by the Kerala Public Service Commission. There was however an exemption in favour of persons who have completed the age of fifty years as also twenty five years of service. Sub rule (2) of the rule provided that if any teacher with the minimum service qualification was not available for appointment, the Manager may appoint any other qualified person selected through advertisement in papers, following the directions issued by the Director of Public Instruction from time to time. Sub rule (3) further provided that if no teacher with the qualifications was available in spite of compliance with the directions referred to in sub rule (2), the senior most graduate teacher on the staff of the school shall be put in charge for a period not exceeding one year at a time with the approval of the District Educational Officer.