KARIMPUZHA H S S Vs. STATE OF KERALA

JUDGEMENT

(1.) W.A.Nos.66 and 76 of 2007 are filed by the Manager of a Higher Secondary School and W.A.No. 92/2007 is filed by the incumbent appointed by that Manager as Principal of the Higher Secondary School. They are aggrieved by the common judgment in W.P.(C).No. 9488/2006 and in W.P. (C).No.12776/2006. The appellant in W.A.No.92/2007 is not a party in those Writ Petitions. Therefore, he sought leave as by reason of the impugned judgment his appointment as Principal was at stake.

(2.) THE issue is whether the appointment of the first respondent in W.A.No.76/2007, Smt.Janaki as Principal as per Ext.P2 in W.P.(C)No. 9488/2006 on 4-10-2004 was only an ad hoc arrangement or regular arrangement.

(3.) IT is contended by the counsel for Janaki that the Rules regulating the method of appointment and selection to the post of Principal was promulgated with effect from 12-11- 2006 when, Chapter 32 was introduced to the K.E.R. Category, No.1, under R.4, is the Principal and Note 1 prescribed the method of selection. The method of appointment as provided under R.4 against duly noted post of Principal could be prescribed only when there was such post. Moreover the prescription of a particular procedure for selection as contained in the note under the category 'Principal' also is indicative of the existence of the post. Further more, it is submitted that on every year the establishment of a school has to be sanctioned and such sanction order will contain the post of Principal. IT is pointed out that none of the appellants has a case that the staff fixation order for the respective year in which Janaki was appointed did not sanction the post of a Principal. In such circumstances, it cannot be contended that there was no post of Principal. Moreover, her appointment order also reveals that it was after due selection process. When such regular appointment was made there was no vacancy to hold a fresh selection and to appoint Ravindranath.