LEELA N. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed as Headmaster in A.U.P.School, Kavalappara by Ext.P3 appointment order dated 29.5.2014. The said appointment is yet to be approved. In this writ petition the petitioner challenges Ext.P4 Government order dated 2.6.2014 whereby the Government granted exemption to teachers who have attained the age of 50 years from possessing the qualifications prescribed in rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011.

(2.) THE petitioner submits that in view of Ext.P4 Government order approval of her appointment is likely to be declined on the ground that teachers who have attained the age of 50 years and are entitled to the benefit of Ext.P4 Government order are awaiting appointment. Referring to Ext.P5 Government order dated 17.8.2013 it is contended that the Government have in that order taken the stand that rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 stipulates a pass in the test on Kerala Education Act and Rules and also a pass in the departmental test and therefore, a teacher who does not possess the said test qualifications cannot be appointed as Headmaster. In this writ petition the petitioner challenges Ext.P4 Government order and seeks the following reliefs: -