KALAVATHY Vs. SABEENA

JUDGEMENT

(1.) These two Writ Appeals are connected and arise out of O.P.No. 2204 of 1991 and can be disposed of together.W.A.no.393 of 1993 is filed by the appellant Smt. R. Kalavathy, who is a third party to the writ petition, with leave, to question the judgment in the O.P. which has gone in favour of the respondent writ petitioner.W.A.No.625 of 1993 is filed by the Secretary, Local Administration Department, Government of Kerala, and others, who were the four respondents in the O.P.

(2.) The point raised in the writ appeals is with regard to the mode of appointment of teachers in schools managed by Panchayats and whether R.1(3) of Chap.14A is a special provision and precludes the general provision in R.11 of Chap.14A which deals with appointment by way of transfer from the management of one . Educational Agency to another school under a different Educational Agency.

(3.) The respondent writ petitioner, has been working as a teacher in an aided school (viz. M.M.A.U.P. School, Alleppey) from 1984. She applied for the permanent vacancy in the Panchayat L.P. School at Ponnadu and sought inter management transfer from the aided school at Alleppey to the Panchayat maintained school at Ponnadu under R.11 of Chap.4A of the Kerala Education Rules for such transfer on the presumption that the other rule, namely, R.1(3) requiring appointment of candidates from the Employment Exchange is not being mandatory. The Panchayat approved the inter management transfer by its resolution Ext. P3 dated 30-12-1988. But the resolution was stayed by the Secretary, Local Administration Department, Government of Kerala by Ext. P4 dated 6-1-1989. The Deputy Director of Panchayats, Kollam cancelled Ext. P3 resolution by his order Ext. P6 dated 17-5-1989 on the ground that the item was not in the agenda when the resolution Ext. P3 was passed. However, the Government vacated the stay on 7-6-1990 as per the original of Ext. P7 and thereafter the Panchayat met on 10-7-1990 and approved the transfer. But the Executive Officer of the Panchayat wrote Ext. P8 dated 16-7-1990 to the District Panchayat Officer objecting to the procedure adopted by the Panchayat and thereafter Under Secretary, Government wrote Ext. P9 dated 31-1-1991 to the Panchayat that the vacancy of teacher in the Panchayat can be filled up only from among the candidates sponsored by the Employment Exchange and not by way of inter-management transfer. The respondent writ petitioner placed reliance onG.O.No.88135/Jl/77 (Edn.) dated 13-10-1978 (Ext. P10), which, according to her, permitted inter-management transfer even while filling up posts in the Panchayat.