PRASANNAKUMARY Vs. DIRECTOR HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) The following two questions arise for decision in this case:-

(2.) Whether the minimum teaching experience of 12 years which is one of the qualifications required for appointment of Principals in Higher Secondary Schools by promotion of Higher Secondary School Teachers, can include teaching experience at the U.P.S.A. level also

(3.) The present manager of the school has filed a counter affidavit. It is conceded that in the select list of H.S.S.Ts. prepared by the Assistant Director, Higher Secondary Education, on the basis of an interview held in the school on 26.8.1998, there were 9 candidates including the petitioner. The petitioner was transferred on the basis of the said selection and re-appointed as H.S.S.T. (Economics) with effect from 28.8.1998 and was allowed to join duty on that day itself. The petitioner was the only qualified hand available in the school for appointment by transfer in the 25% quota. But in the staff fixation order for 1998-99, there was only a part-time post of H.S.S.T. sanctioned for Economics. Ext.R2(a) is the staff fixation order. But for Physical Science, there was a full-time post against which the 3rd respondent was appointed on 27.8.1998. The various selectees were appointed on different dates. Interpreting clause 2(i) of Ext.P1, the counter affidavit contends that it is not obligatory that the manager should fill up the vacancies set apart for the 25% inservice candidates first. The petitioner could have been appointed only as a part-time Higher Secondary School teacher as per the staff fixation order and she has been approved only as a part-time Higher Secondary School teacher. A full-time post was sanctioned in the school for Economics only on 15.7.1999 and immediately thereafter she was appointed to that post with effect from 15.7.1999. The manager has not acted illegally.