STATE OF KERALA Vs. SAJEEVAN

JUDGEMENT

(1.) Original petition was preferred by the first respondent herein seeking a writ of certiorari to quash Ext. P4 and also for a declaration that the appointment given to him evidenced by Ext. P1 is in accordance with R.6B(2)(a) of Chapter XXIII of the Kerala Education Rules and the shifting of the teacher from the High School section is contrary to law and without the sanction under the Rules and for other consequential reliefs. Learned Single Judge allowed the writ petition and quashed Ext. P4 order holding that the provisions of R.6B(2)(a) of Chapter XXIII KER would confer a right to the Manager to appoint the first respondent to the post of drawing teacher in the U.P. section of the School. Aggrieved by the same this appeal has been preferred.

(2.) Sri K. Sandesh Raj, learned Government Pleader submitted that learned Single Judge has not properly appreciated the scope of R.6B(2)(a) and GO (Ms) No. 104/69 dated 06/03/1969. Learned Government Pleader placed considerable reliance on the Division Bench decision of this Court in Rani George v. Deputy Director of Education, 2004 (1) KLT 460 : 2004 KHC 75 : 2004 (1) KLJ NOC 261 : ILR 2004 (1) Ker. 516 and contended that the post of specialist teachers in U.P. Schools and High Schools are interchangeable.

(3.) Sri George Poonthottam, counsel appearing for the first respondent, on the other hand contended that the Manager has got a statutory right under R.6B(2)(a) to appoint one specialist teacher in the U.P. section if the School is having effective strength of 500 students and on the basis of that statutory right Manager has appointed the first respondent.