A.NARAYANAN Vs. VIJAYALAKSHMI P

JUDGEMENT

(1.) The above matters are placed before this Full Bench on a reference by a Division Bench doubting the correctness of the decisions of two other Division Benches, one in Pavandoor Higher Secondary School v. Sadanandan, 2016 (4) KLT 207 and the other in Harifa Beevi Kallan v. The Manager, PPM Higher Secondary School and Others (W.A.No.925 of 2019).

(2.) The disputes in Sadanandan and Harifa Beevi Kallan relate to the appointment of Headmasters of Aided High Schools governed by Rule 44A(1) of Chapter XIVA of the Kerala Education Rules, 1959 (Rules) framed under the Kerala Education Act (Act), 1958. Rule 44A(1) as it stands now, excluding the Explanations and Note to the same, reads thus:

(3.) Prior to the introduction of the third proviso to the Rule, on 10/6/2015, the Government issued G.O.(MS) No.157/2015/G.Edn., providing that even though teachers who have attained the age of 50 years are exempted from acquiring the test qualifications, if there are test qualified teachers under the management, they shall be preferred over others for appointment as Headmaster. In Sadanandan, the Division Bench held that G.O.(MS) No.157/2015/G.Edn. has no legal effect inasmuch as it dilutes the statutory provision contained in the Rule that teachers who have attained the age of 50 years shall stand exempted permanently from acquiring the test qualifications, for a statutory provision cannot be diluted by an executive order. It is thereafter that the third proviso was introduced with retrospective effect from 1/6/2015 providing exactly the same stipulation as contained in G.O.(MS) No.157/2015/G.Edn. dtd. 10/6/2015.