PADMAVATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER in O.P.3183/82(third respondent in O.P.7276/82)and petitioner in O.P.7276/82(fifth respondent in O.P.3183/82)are rival claimants to the post of Headmistress of N.N.N.M.U.P.School,Cherpalacherry.Manager of the school and the Assistant Educational Officer,Cherpalacherry are common parties to both the original petitions.Dispute in these cases relates to the entitlement of the two petitioners for being appointed as Headmistress of the school.

(2.) VACANCY in the post of Headmaster arose on 1st April 1980 by retirement.Petitioners in the two original petitions have been working as U.P.School Assistants in the school,petitioner in O.P.3183/82 being senior most and petitioner in the other O.P.being junior to her.Admittedly,there was no qualified graduate teacher in the school for appointment as Headmaster.Petitioners in both the original petitions had S.S.L.C.and T.T.C.qualifications and where therefore eligible to be appointed as Headmistress under rule 45 of Chapter XIV A of Kerala Education Rules(for short 'the rules ').Under rule 44,ordinarily,appointment is to be in accordance with seniority.Therefore,under rules 44 and 45,petitioner in O.P.3183/ 82 would be entitled to be appointed Headmistress.Rule 45 B of Chapter XIV A was introduced by G.O.( P)156,dated 3rd November 1978.Clause(1)of this Rule states that notwithstanding rule 45 and 45A,Account Test Lower conducted by the Public Service Commission shall be obligatory qualification for teachers for promotion as Headmaster of Lower Primary and Upper Primary schools.Admittedly,both the claimants had not passed Account Test.Clause(3)of the rule provides for temporary exemption for teachers awaiting promotion as Headmaster for the period indicated therein.Clause(4)contains provision for permanent exemption.

(3.) WHEN the vacancy arose on 1st April 1980,temporary exemption was in operation.It continued till March,1981.In the absence of qualified graduate teacher and in the absence of test qualified teacher,Manager appointed the senior most Assistant namely petitioner in O.P.3183/82(who had temporary exemption)as Headmistress with effect from 1st April 1980.Her appointment was approved as seen in Ext.P -1 marked in that O.P.As per Government Order,marked Ext.R -1 in O.P.3183/82,in the absence of qualified teachers,teacher -in -charge could be appointed for the year 1981 -82.Accordingly,petitioner in O.P.3183/82 was appointed teacher -in -charge for that year(see Ext.P -5 in that O.P.).After 31st March 1982 Assistant Educational Officer directed the Manager to revert her and to appoint a qualified hand.Meanwhile,both claimants were submitting representations to the statutory authorities and Manager claiming their right to be appointed as Headmistress.It was in these circumstances that the claimants filed these original petitions.