SHAJI Vs. RAMACHANDRAN

JUDGEMENT

(1.) DOES a teacher have an indefeasible right to be appointed as the Headmaster/principal of the School merely on the basis of his seniority? can the State Education Department compel the School Manager of an aided school to appoint the senior most teacher as the Head of the Institution despite the fact that Criminal cases involving moral turpitude are pending against him? primarily, these are the issues that arise in this bunch of cases.

(2.) THE post of Principal, S. N. V. Sanskrit Higher Secondary School, North Parur , is the bone of contention. THE primary contestants are Mr. P. K. Ramachandran Nair (referred to as the petitioner) and Mr. M. V. Shaji (the sixth respondent ). THE contest between the two has led to these eight cases. Learned counsel for the parties are agreed that the facts as given in O. P. No. 28843 of 2002 may be noticed.

(3.) AFTER having submitted the case for the approval of the appointment of respondent No. 6 as the Principal, the school Manager approached this Court through a petition under Article 226 of the constitution. He prayed for the issue of a direction to the State of Kerala and others to accord approval to the appointment of the Principal. This petition was registered as O. P. No. 11629 of 2002. On July 22, 2002, a learned Single Judge of this Court gave an interim direction that the matter be considered and decided within one month. A copy of the order has been produced as Ext. P6. The authority considered the matter. Vide order dated August 29,2002, the proposal was rejected. A copy has been produced as Ext. P7.