BABU VARGHESE Vs. MANAGER

JUDGEMENT

(1.) The challenge in this original petition is against the proviso to R.43 in Chap.14A of K.E.R. The above proviso was added to the Rule by way of an amendment under G.O.(P) No. 185/86/G.Edn. dt. 22-11-1986 with effect from 22-4-1986. The facts leading to the case are as follows:

(2.) The High School, Thiruvalayannur under the management of the first respondent, is an aided school coming under the purview of Kerala Education Act, 1958 and the Rules issued thereunder. Under Ext. P2 order dt. 27-10-1986, the second respondent fixed the staff strength of the school for the academic year 1986-87 with effect from 14-7-1986. a total of thirty posts of High School Assistants in core subjects were sanctioned under Ext. P2. The above posts were classified as Social Studies 10, General Mathematics 10 and General Science 10(6+4). It is further provided in the order that appointment to the above posts shall be made only in accordance with the instructions issued by the Director of Public Instructions from time to time regarding the protections to be given to the HSAs in service and the re-appointment of HSAs relieved as per R.49 or 52 Ch.XIVA of K.E.R, or on account of termination of vacancies and who have got preference for re-appointment under R.51A Chap.14Aof K.E.R.

(3.) While 10 posts were sanctioned for General Mathematics, the school had, during the relevant time, only 8 mathematics teachers. The first respondent therefore appointed the petitioner as H.S.A. (Maths) on 2-6-1986. The petitioner is fully qualified to hold the post of H.S.A.(Maths) in accordance with the qualification prescribed under Chap.31 of K.E.R. There were no protected teachers or R.51A claimants who could put forward a claim for the above post during the relevant time. There was no teacher in the U.P. Section also who was qualified to be appointed as H.S.A. (Mathematics).