RAGHAVAN NAIR Vs. BALACHANDRAN NAIR

JUDGEMENT

(1.) These two appeals are connected and can be disposed of together. W.A. No. 1417 of 1991 arises out of the dismissal of O.P. No. 9798 of 1989. W.A No. 1375 of 1991 is against the judgment allowing O.P. No. 10289 of 1987. It is not disputed before us that our decision in W.A. No. 14178 of 1991 would govern the decision in W.A. No. 1375 of 1991. We therefore will refer to the facts in O.P. No. 9798 of 1989 out of which W.A.No. 1417 of 1991 arises.

(2.) There was a vacancy in the post of Headmaster on 31-5-1988. According to the seniority list of teachers, the seniormost person in the list is one Sarojini Amma, the next one is Janaki Amma and the next one is Karunakara Marar (writ petitioner in O.P. No. 9798 of 1989) and the fourth person is Govindan Nambissan, fifth respondent in the above writ petition. For the purpose of promotion to the post of Headmaster certain additional qualifications are necessary for a continuing teacher. It is the admitted case that Sarojini Amma and Janaki Amma who did not have the S.S.L.C. qualification are not eligible to be appointed as Headmaster. Only eligible persons were Karunakara Marar (writ petitioner) who had the S.S.L.C. as well as T.T.C. qualification, and Govindan Nambisan who is a graduate with B.Ed qualification and who acquired five years minimum service after B.Ed qualification. The writ petitioner Karunakara Marar was appointed on 24-7-1967 and has 21 years of service while Govindan Nambissan has a little more than 12years service. So far as Sarojini Amma, the seniormost person in the list is concerned, she was appointed as a teacher on 26-8-1957 and had more than 31 years of service as on the date of occurrence of the present vacancy, that is, 31-5-1988. Initially, Govindan Nambissan was appointed as Headmaster on the basis that he satisfied the requirements of R.45of the Rules in Chapter XIV-A of the Kerala Education Rules. Against the said appointment, Karunakara Marar appealed and the appeal was allowed. Govindan Nambissan filed revision against the said order and the revision was allowed. Questioning the said order Karunakara Marar filed the writ petition, O.P. No. 9798 of 1989.

(3.) According to the writ petitioner, R.45 of the Rules has not been properly interpreted and if this rule is properly interpreted-, Govindan Nambissan would not be entitled to be appointed as Headmaster. For the purpose of appreciating the said contention it is necessary to refer to R.45, which reads as follows: