ASKAR ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C) No. 2554/2005 was appointed as Headmaster of the Viswavidyalayam U.P.School, Chennara by the petitioner in W.P.(C) No. 2938/2005, the Manager of the said school. In doing so, Sri.George George, who is the 5th respondent in W.P.(C) No. 2938/2005 (6th respondent in W.P.(C) No. 2554/2005) was proposed to be superseded.

(2.) The appointment of the petitioner in W.P.(C) No. 2554/2005 in preference to Sri.George George as Headmaster will admittedly be against Rule 45 in Chapter XIVA of the Kerala Education Rules (the 'Rules' for short), since Sri. George George, who is a graduate with B.Ed., is admittedly the candidate to be preferred in accordance with the Rules, over the petitioner in W.P.(C) No. 2554/2005, whose qualification is S.S.L.C. with T.T.C. and, therefore, only a non-graduate teacher (See Karunakaran v. D.E.O., Badagara and Ors. (1976 KLN 51) and Akkarishetty v. Manager, S.R.A.U.P. School (ILR 1978 (2) Ker.14)).

(3.) The Manager of the school (petitioner in W.P.(C) No. 2938/2005) attempted to justify the preference he made on the ground that the institution is one to which the protection under Article 30(1) of the Constitution of India applies and therefore, it has a right to establish and administer educational institutions of its choice and that the right to appoint Head Master of its choice is part of its such right to administer. In support thereof, the Manager appears to have pressed into service, the approved bye-laws of the management, as sanctioned by the competent statutory authority. After adverting to and considering the terms of the said bye-laws, the Government, by the impugned Order, G.O.(Rt) No. 5110/2004/G.Edn. dated 29.11.2004, held that the claim as to minority status is not established.