ALEYAMMA SEBASTIAN Vs. D E O MALAPPURAM

JUDGEMENT

(1.) Petitioner in O.P.3174 of 1989 is the third respondent in O.P.2333 of 1989. The contest is between the petitioner in O.P.3174 of 1989 and the petitioner in O.P.2333 of 1989.

(2.) For the sake of convenience, the position of the parties as in O.P.3174 of 1989 is followed in the discussion hereunder: Petitioner is an under graduate teacher whereas the 5th respondent is a graduate with B.Ed. degree. Post of Headmastership fell vacant on 1-4-1988. Fifth respondent had completed five years after acquisition of graduation. But he had not completed five acquisition of B.Ed. R.45 of Chap.14A of Kerala Education Rules has been amended. After amendment, the qualification prescribed is that one should have five years experience after acquisition of B.Ed. degree. R.45 as it stood before amendment is to the effect that when the post of Headmaster of complete U.P.School is vacant or when an incomplete U.P.School becomes a complete U.P.School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency and if there is a Graduate Teacher with B.Ed. or other equivalent qualification and who has got at least five years experience in teaching after graduation, he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. It further states- that if graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the senior most Primary School Teacher with S.S.L.C or equivalent and T.T.C. qualification may be appointed. Amendment to the above said rule has come into effect on 10-1-1989. In view of the amendment, the position is that one should have five years experience after acquisition of B.Ed. degree.

(3.) Educational Authority decided in favour of the petitioner. O.P.3174 of 1989 is filed to enforce the decision. O.P.2333 of 1989 is filed challenging the order in favour of the petitioner in O.P.3174 of 1989.