SUGATHAN K. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) O. P. No. 15776 and 1.5567 of 1994. Both the above Original Petitions are filed against the order of the Deputy Director of Education, Ernakulam cancelling the selection made by the 1st petitioners in both the O. Ps. under the management quota on the ground that it was made contrary to the principle of merit. The facts leading to the filing of the above Original Petitions are as follows:

(2.) The 1st petitioners in both the Original Petitions are the Managers of two non minority Aided Private Teachers Training Institutes. Petitioners 2 to 9 are candidates selected for the course 1994-1996. The Director of Education issued notification, dated 8th February, 1994, published in the Kerala Gazette, falling for applications for the Teachers Training Certificate Course 1994-1996. The said notification prescribed eligibility and the method to apply. In pursuance of the notification, petitioners 2 to 9 applied to the management quota and were selected. The select list was forwarded to the Deputy Director of Education, Ernakulam. The said list was verified and found to be correct as per the endorsement of the Deputy Director, dated 26th October, 1994. Thereafter the students were allowed to pay the fees on 29th October, 1994. However, based on the communication from the Director of Public Instructions, Thiruvananthapuram, dated 24th October, 1994 the Deputy Director, Ernakulam by order dated 28th October, 1994 (Ext. P-5) (Ext. P-8 in so far as O. P. No. 15567/94) informed the petitioner's that the selection made under the management quota was cancelled. As against these orders the above Original Petitions are filed.

(3.) The main submissions made by Mr. George Varghese Kannanthanam, learned counsel for the petitioners are as follows: (1) The 3rd respondent Deputy Director of Education has no power to cancel the selection of candidates already approved. (2) The Director of Public Instruction's power is circumscribed by R.13 and 14 of Chap.25 of the Kerala Education Rules (for short 'KER', viz. to lay down the procedure for selection of candidates and to fix the number of candidates to be selected. (3) The management has absolute freedom for selection in reference to 20 per cent of the seats and their freedom cannot be restricted by R.10. (4) In any event, the prescription of order of merit in relation to selection under R.10 will not be applicable to the management quota. (5) Clause.5 of the notification dated 8th February 1994 will not apply to private schools.