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 the 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 R.44 and 45 of Chap.14A 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.) Petitioner's school is an U.P. School. When a vacancy of Headmaster arose in the school, petitioner had promoted the senior most under graduate teacher, one P. D. Mariamma as Headmistress of the school. When the said appointment was reported for approval to the Assistant Educational Officer, Kollam, he declined approval for the said appointment on the ground that 3rd respondent is having more than half of the service of the senior most under graduate teacher and therefore, she is entitled to get appointment to the post of Headmaster of the school under R.45 of Chap.14A K.E.R. It is also found by the Assistant Educational Officer in Ext. P1 order dated 7-10-1995 that it is the 3rd respondent, a graduate teacher entitled to get appointment to the post of Headmaster in preference to the senior most under graduate teacher appointed by the manager to the post of Headmaster.