P.IBRAHIM KUTTY Vs. MANAGER

JUDGEMENT

(1.) The petitioner, who is due to retire from service on 31.05.2017, is aggrieved by the denial of promotion as Headmaster against the vacancy which arose on 1.04.2007 and he is challenging Ext.P3 order based on which the 2nd respondent who is far junior to him was given charge as Headmaster.

(2.) A vacancy of Headmaster arose in the Dr.K.B.Menon Memorial High School, Trithala, which is an aided School, governed by Kerala Education Rules, 1958 (KER), with effect from 01.04.2017, consequent to the retirement of Smt. M.K.Parvathy on 31.03.2017. Petitioner is rank no.2 in Ext.P1 seniority list of High School Assistants in the first respondent School. Rank no.1 retired on 31.03.2017. The 2nd respondent is rank no.12. The qualification for appointment to the post of Headmaster in aided High School is governed by Rule 44 of Chapter 14 A of Kerala Educational Rules (KER). As per the second proviso to Rule 44 A, an HSA who has completed the age of 50 years is entitled to permanent exemption from acquiring the test qualification prescribed under Sub Rule 1 to Rule 44 A. As on the date of occurrence of vacancy, the petitioner has completed the age of 55 years and therefore he is entitled to the benefit of the exemption provided under second proviso to Rule 44 A of Chapter 14 A of KER. The 2nd respondent is aged 46; but he has acquired the test qualification. Despite the statutory provision providing for exemption, Government issued Ext.P4 order on 10.06.2015 according to which exemption can be made available only in the absence of test qualified hands for promotion as Headmasters. It provides for preference to the test qualified hands over those without test qualification even if they have crossed the age of 50 years. In other words, when there is a test qualified High School Assistant with the prescribed educational qualifications and requisite experience, a senior hand who has crossed the age of 50 years will not get the benefit of exemption provided under Rule 44 A of Chapter 14 A of KER for appointment as Headmaster.

(3.) In the light of Ext.P4 order, the second respondent was given charge of the post of Headmaster with effect from 01.04.2017, ignoring the seniority of or statutory exemption available to the petitioner. In the said circumstances the petitioner has approached this Court relying on the Division Bench judgment of this Court reported in Pavandoor Higher Secondary School v. Sadanandan [2016 (4) KLT 207], challenging Ext.P3 order and for a direction to the first respondent to appoint him as Headmaster with effect from 01.04.2017 onwards.