ALEXANDER Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the manager of an aided school. He challenges the validity of Ext. P2 order passed by (lie Deputy Director of Education, Kollam as illegal and contrary to the provisions of the Kerala Education Rules. He has prayed for a declaration that the 3rd respondent in this petition is not entitled to get an appointment to the post of Headmaster of the school under Rules 44 and 45 of Chapter XIV A K.E.R. He has further prayed for consequential reliefs.

(2.) THE brief facts necessary for disposal of this Original Petition are as follows:

(3.) ADMITTEDLY , on the date of occurrence of the vacancy of Headmaster, the senior most under -graduate teacher is having 23 years and 4 months service in the school whereas the 3rd respondent graduate teacher is having only 10 years and 2 months service in the school. and having 9 years of graduate service in other schools while she was retrenched from the school for want of vacancy. According to the Assistant Educational Officer, the total graduate service of the 3rd respondent had taken note of for the purpose of calculating the half of the service of the senior most under -graduate teacher for the purpose of Rule 45 of Chapter XIVA K.E.R.