NOUSHAR.P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) ''More things are wrought by prayer than this world dreams of '' wrote Alfred Tennyson the powerful english poet of the Victorian era. The prayers of an Arabic teacher for approval of his appointment in terms of the Kerala Education Rules, 1959 ['the Rules' for short] are finally answered after four long years.

(2.) The petitioner was appointed as an Arabic teacher under Ext.P1 order dated 4.6.2012 by the fifth respondent in the Mowanchery U.P.School ['the School' for short]. The fifth respondent is the widow of the Manager of the School and the Constitution/Rules for its management is yet to be drafted and approved by the educational authorities. The fifth respondent had in the meanwhile been provisionally approved as the Manager of the School by order dated 7.3.1995 of the fourth respondent which concludes as under: -

(3.) The sixth respondent contends that the fifth respondent could not have appointed the petitioner when the managership vested in a corporate management by all the legal heirs. This plea has found favour in W.A.No.771/2015 filed by the sixth respondent against the interim order granted by a learned single Judge directing provisional approval of appointment. The sixth respondent also relies on Ext.P7 judgment dated 14.7.2014 in a writ petition filed by one of the legal heirs of the erstwhile Manager to ensure that a legally constituted body manages the School. Ext.P7 judgment inter alia directed the legal heirs to prepare the Constitution/Rules for the management of the School to be approved by the second respondent. It was however observed in Ext.P7 judgment that the fourth respondent would continue as the provisional Manager of the School in the meanwhile. Ofcourse a rider was attached in the direction that the fourth respondent shall not make any appointments in the School until a regular Manager is appointed.