S.HARIHARAN PILLAI Vs. SINDHU B

JUDGEMENT

(1.) These matters are related to appointment of Administrative Head/Principal of Vocational Higher Secondary School, Karavaram in Trivandrum District. The post of Principal became vacant on 1/6/2020. There are no statutory rules prescribing eligibility criteria for appointment as Principal of Vocational Higher Secondary School. As early as on 19/1/2012, Government issued an order, prescribing qualification as follows: <IMG>JUDGEMENT_194_LAWS(KER)2_2024_1.jpg</IMG> English translation of the above government order reads thus: GOVERNMENT OF KERALA Abstract Department of General Education - Vocational Higher Secondary Education - Personnel Affairs - Assignment of administrative duty of the vocational higher secondary school Sec. to the senior-most vocational/non-vocational teacher in Vocational Higher Secondary schools - Orders issued. --------------------------------------------------------------------- General Education (S.C) Department G.O.(MS) No.18/2012/DGE. Thiruvananthapuram, dtd. 1/1/2012 --------------------------------------------------------------------- Reference: - (1) Government Order (MS) No. 131/191/ DGE dtd. 20/8/1991. (2) Letter no. C.2/16822/07 dtd. 3/6/2011 of the Director of Vocational Higher Secondary Education. (3) Government Order (P) No. 85/2011/Fin dtd. 26/2/2011. Order As per the government order in reference (1), the heads of the schools offering vocational higher secondary courses were renamed as principals and a special pay was sanctioned for handling the work in the vocational higher secondary Sec. as well.

(2.) However, the Director of Vocational Higher Secondary Education, vide the letter in reference (2), brought to the notice of the Government the practical difficulties in carrying out the day to day business of Vocational Higher Secondary Sec. pursuant to the grant of additional charge to the Academic Head of the Schools conducting vocational higher secondary courses.

(3.) In high schools conducting vocational higher secondary courses, the responsibility of this Sec. is now held by the headmasters of the said schools. The control over the headmasters is vested in the Director of General Education. As per rules, the Director of Vocational Higher Secondary Education has no control over them now. Moreover, due to the wide extent of their duties, they are unable to pay full attention to the administration of the Vocational Higher Secondary Sec. . There is a constant demand before the government from various corners that the post of principal should be created here as in higher secondary schools and the department staff should themselves be appointed as principals. The Director of Vocational Higher Secondary Education has also requested the same. In higher secondary schools, though the post of principal has been separately created, 'they have not been excluded from teaching duties'. As an amendment to the special rule is necessary for the creation of the post of principal for the vocational higher secondary sec. , this is a time consuming process.