V.P.JAYARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The three writ petitions more or less agitate the same cause, but on different aspects. For convenience, WP(C) No.19948 of 2013 is referred to unless otherwise specifically noticed. The petitioner is a Headmaster in the High School section under the 4th respondent. The 4th respondent was granted Higher Secondary Section in the academic year 2010 -2011 by Ext.P13 dated 24.10.2011. Teaching posts were sanctioned in many aided Higher Secondary Schools, including the 4th respondent School. 146 posts of Principals were also sanctioned. The sanction related back to the date 06.08.2011.

(2.) At the time when the Government Order was issued, there were none qualified in the Higher Secondary section to be posted as Principal, since the minimum experience required is 12 years as a Higher Secondary School Teacher (HSST) as per Chapter XXXII of the Kerala EducationRules,1959(KER). Though the petitioner was initially appointed as Principal, when HSSTs joined the School, the petitioner was reverted as Headmaster and one of the HSSST (Juniors) was appointed as Teacher -in -charge, on the senior HSST relinquishing her claim. The said teacher -in -charge, one Smitha P. has filed WP(C) No.8097 of 2014, claiming that she is entitled to be continued for reason of the Headmaster of the High School not being qualified as on the date of arising of the vacancy of Principal. The apprehension of the said teacher is also that, if the HM of the High School is posted as Principal of the Higher Secondary Section, herself, a HSST (Junior) would be thrown out for want of sufficient periods.

(3.) The petitioner in WP(C) No.19948 of 2013, the Headmaster, took a Post Graduation in Maths as on 03.04.2012. It was at that point, the petitioner staked a claim for the Principal's post, especially since an HSST (Junior) was continued as in -charge. The claim was rejected and it was agitated before the Educational Authorities and eventually Ext.P10 order was passed, rejecting the claim. The rejection at Ext.P10 was based on Exts.P11 & P12 orders, which mandated that the Headmaster appointed as Principal should teach at least 16 hours in the Higher Secondary section.