GEORGE Vs. KORUTHU

JUDGEMENT

(1.) These two appeals are against the judgment of a learned Judge of this Court allowing O.P. No. 1088 of 1971. The controversy agitated in the writ petition was regarding the appointment of a Headmaster in the St. John's High School, Oommannoor, Kottarakara. The vacancy arose during the year 197071. The appellant before us (in W.A. No. 165/74) who was the 3rd respondent in the writ petition was appointed Headmaster on the ground that the writ petitioner (1st respondent in W.A. No. 165/74) was unqualified to be appointed, being an untrained hand. The 1st respondent thereupon filed the writ petition challenging the appointment of the appellant. That was allowed by the learned Judge and Exts. P5 and P6 were quashed. The learned Judge directed a fresh consideration and appointment of the Headmaster. Writ Appeal No. 165 of 1974 is by the aggrieved Headmaster, the 3rd respondent in the writ petition; and W.A. No. 208 of 1974 is by the Manager of the School, who was the 2nd respondent in the writ petition.

(2.) The relevant rule, in the light of which eligibility for appointment has to be decided, is R.44-A of Chap. 14(A) of the Kerala Education Rules. The said rule, at the relevant time, in so far as it is material, stood as follows:

(3.) The learned Judge took the view that in the light of the provisions in Chap. 14(A), R.44A, there was no scope for a clarification of the term "graduate service" by executive or administrative instructions issued by the Government. With this part of the reasoning of the learned Judge, we cannot agree. Neither the statutory rules nor the Kerala Education Act had defined or explained the term "graduate service". In the absence of such a statutory definition in the rules there was scope for administrative or executive instructions; and in that sense, therefore, the Government was justified in issuing Ext. R3.