HARIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE conflict of judicial opinion on the true meaning and import of R. 6b, Chapter XXIII of Kerala Education Rules, 1959, appears to have necessitated the reference of these cases to a Full Bench.

(2.) R. 6b (1) as amended on March 6,1979 inter alia provides as under -"0 (1 ). Notwithstanding anything contained in any other rules in this Chapter no posts of specialist teacher or craft teacher shall be created in any upper primary school or upper primary sections of High schools for a period of 6 years from the school year 1969-70: Provided that the posts sanctioned before 1969-70 against which specialist teachers and craft teachers are appointed and approved and such teachers who are qualified according to the rules then in force may however continue as such. "

(3.) A statement has been filed on behalf of the 3rd respondent. It has been interalia averred that the post of Physical Education teacher was not sanctioned in the school from the year 1996-97 onwards as the number of periods "available in the school for Physical Education is only four. The minimum number of periods prescribed with 2nd proviso to R. 6 (A)Chapter XXIII is five. " Since there was no sanction of posts to accommodate the petitioner from the year 1996-97 onwards even her salary could not be released. The grounds for challenging the action of the respondents have been controverted.