RATNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) EXT .P10 Government order dated 12.12.2012, whereby the Government held that the petitioner, a Craft Teacher working in the sixth respondent's school is not eligible to be appointed as Headmaster in the vacancy that arose on 1.4.2010, is under challenge in this writ petition. The brief facts of the case are as follows:

(2.) THE petitioner entered service as Craft Teacher in the sixth respondent's school on 29.1.1982. While in service he acquired B.A. degree in the year 1987 and B.Ed degree in the year 1989. The seventh respondent entered service as Upper Primary School Assistant on 29.8.1983. Even at the time of entry in service he possessed a B.A.degree and a B.Ed.degree The petitioner as well as the seventh respondent have passed the Accounts Test (Lower) conducted by the Kerala Public Service Commission. Both of them are qualified to be appointed as Headmaster of an Upper Primary School, going by the stipulations contained in rule 45 of Chapter XIV-A of the Kerala Educational Rules, 1959.

(3.) AGGRIEVED thereby, the seventh respondent filed an appeal before the District Educational Officer, Kannur. He thereafter filed W.P. (C) No.697 of 2011 in this Court. This Court disposed of W.P.(C) No.697 of 2011 by judgment delivered on 10.1.2011 with a direction to the District Educational Officer to take an appropriate decision on the appeal. The District Educational Officer accordingly heard the parties and passed Ext.P2 order dated 19.2.2011 upholding Ext.P1. It appears that on 4.2.2011, before Ext.P2 order was passed, the petitioner had filed W.P.(C) No.3873 of 2011 in this Court for an order directing the District Educational Officer to dispose of the appeal filed by the seventh respondent. The said writ petition was disposed of by judgment delivered on 7.2.2011 with a direction to the District Educational Officer, Kannur to pass orders on the appeal filed by the seventh respondent. Pursuant thereto, the District Educational Officer once again heard the parties and passed Ext.P3 order dated 8.6.2011 whereby he again upheld the claim of the petitioner. Aggrieved thereby, the seventh respondent filed an appeal before the Director of Public Instruction. The petitioner thereafter filed W.P.(C) No.11189 of 2011 in this Court seeking implementation of Ext.P1 order. This Court disposed of W.P.(C) No.11189 of 2011 by judgment delivered on 31.5.2011 with a direction to the Director of Public Instruction to dispose of the appeal filed by the seventh respondent from Exts.P1, P2 and P3 orders. By Ext.P7 order dated 18.2.2012, the Director of Public Instruction held that the petitioner is the senior most graduate teacher eligible to be appointed as Headmaster. The contention of the seventh respondent that a Craft Teacher cannot be appointed as Headmaster was rejected. The petitioner thereafter filed a representation dated 18.4.2012 requesting the Assistant Educational Officer, Pappinissery to give effect to Exts.P1, P2, P3 and P7 orders. He thereafter filed W.P. (C) No.11874 of 2012 in this Court for an order directing the sixth respondent to promote him as Headmaster with effect from 1.4.2010. The Assistant Educational Officer, Pappinissery thereafter issued Ext.P8 order dated 19.5.2012 whereby he gave charge of the post of Headmaster to the petitioner with effect from 23.5.2012. In view of the fact that the petitioner was put in charge as Headmaster by Ext.P8 order dated 19.5.2012 with effect from 23.5.2012, W.P.(C) No.11874 of 2012 was closed by Ext.P9 judgment delivered on 24.5.2012.