SREERAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is against the judgment dated 23.1.2002 in O.P. No. 10466/2001 which was dismissed by the learned Single Judge. The appellant was the petitioner in the Original Petition.

(2.) The 4th respondent Shri Subrahmanya was promoted as Headmaster of A.U.P. School, Moovar by the Manager and the said appointment was approved by the second respondent Asst. Educational Officer, Kumbala. Subsequently, the approval granted by the second respondent was cancelled by him on the ground that the 4th respondent did not have the required qualification for being promoted as Headmaster. Against the cancellation of the approval, the 4th respondent filed appeal before the District Educational Officer, Kasaragod. But the said appeal was rejected by the District Educational Officer. Thereafter, the 4th respondent filed a revision before the Government and the said revision was allowed by the Government as per Ext. P3 order. In Ext. P3 order the Government held that the 4th respondent did have the required qualification for being promoted as Headmaster. The Government also rejected the contention of the appellant herein that the 4th respondent, being a protected teacher, was not entitled to be promoted as Headmaster. The said contention was rejected by the Government on the ground that the 4th respondent was not a protected teacher but a full time Teacher appointed against a full time post of Hindi Teacher sanctioned in terms of G.O.(P) No. 62/73 / G.Edn. dated 2.5.1973. Challenging Ext. P3 order of the Government the appellant filed O.P. No. 10468/2001 and it was dismissed by the learned Single Judge upholding Ext. P3 order passed by the Government.

(3.) Learned counsel for the appellant submits that he is not pressing the contention that the 4th respondent did not have the required qualification for being promoted as Headmaster. Hence, it is not necessary to consider the said contention.