BOSE WILLIAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Manager of a private aided school, governed by the Kerala Education Act and the Rules, is the petitioner. On 1.4.1997 a vacancy of H.S.A. (Social Studies) arose in the school. Petitioner filled up that vacancy by promoting the additional 4th respondent under R.43 of Chapter XIV A of K.E.R. But the 2nd respondent District Educational Officer declined approval to the promotion as per Ext. P11 dated 16.1.1998 on the ground that it was done overlooking the claim of the senior hand.

(2.) From the facts stated in the Original Petition it is seen that the senior hand referred to in Ext. P11 is respondent No. 3. By Ext. P10 dated 2.12.1997 the 2nd respondent had informed the petitioner, in response to a complaint filed by the 3rd respondent that on verification of her service book and qualification certificates, she has got continuous service as U.P.S.A. from 7.6.1993 onwards and she is fully qualified for promotion as H.S.A. (Social Studies).

(3.) Petitioner seeks to quash Exts. P10 and P11 as also Ext. P12 Government Order dated 22.8.1987. Ext. P12 says that candidates possessing Post - graduate qualifications in the concerned subject or language are also eligible for appointment as H.S.A. (Subject) or HSA (Language).