RATNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext. P10 Government order dated 12/12/2012, whereby the Government held that the petitioner, a Craft Teacher working in the sixth respondent's school is not eligible to be appointed as Headmaster in the vacancy that arose on 01/04/2010, is under challenge in this writ petition. The brief facts of the case are as follows:

(2.) The petitioner entered service as Craft Teacher in the sixth respondent's School on 29/01/1982. While in service he acquired B.A. degree in the year 1987 and B.Ed degree in the year 1989. The 'seventh respondent entered service as Upper Primary School Assistant on 29/08/1983. Even at the time of entry in service he possessed a B.A. degree and a B.Ed. degree. The petitioner as well as the seventh respondent have passed the Accounts Test (Lower) conducted by the Kerala Public Service Commission. Both of them are qualified to be appointed as Headmaster of an Upper Primary School, going by the stipulations contained in R.45 of Chapter XIV - A of the Kerala Educational Rules, 1959.

(3.) A vacancy of the Headmaster arose in the sixth respondent's School on 01/04/2010 when the incumbent Sri. K. Mohan retired from service on 31/03/2010. It is stated that though initially the Manager gave charge of the Headmaster to the petitioner, later, he appointed the seventh respondent as Headmaster and submitted a proposal to the Assistant Educational Officer, Pappinissery to approve the said appointment. The petitioner thereupon filed a representation dated 12/04/2010 before the Assistant Educational Officer and still later he filed WP(C) No. 10445 of 2010 in this Court. This Court disposed of WP(C) No.10445 of 2010 by judgment delivered on 09/09/2010 with a direction to the Assistant Educational Officer to take an appropriate decision in the matter. The Assistant Educational Officer thereupon heard the petitioner and respondents 6 and 7 and passed Ext. P1 order dated 26/11/2010 wherein he upheld the claim of the petitioner and directed the Manager to appoint him as the Headmaster. The Assistant Educational Officer held that the petitioner is the senior most qualified teacher eligible to be appointed as Headmaster of the school.