GANGADHARAN PILLAI Vs. PRABHAKARAN NAIR

JUDGEMENT

(1.) Kottapuram High School is an aided Institution governed by the Kerala Education Act and the Rules. A vacancy for the post of a Headmaster in this school arose on 20-6-1980 when the previous Headmaster, Sri. Sadanandan died. The sole question to be considered is whether the first respondent, Shri. N. Prabhakaran Nair was entitled to be appointed under the rules. This would depend on short facts and on a correct interpretation of R.44B(3). In Chap.14A of the Kerala Education Rules, (KER for short). The facts are not in dispute.

(2.) The first respondent with in service as a teacher in the High School to 4th September, 1957. His date of birth is 29-3-1926 and he attained the age of 50 years on 29-3-1976. He did not have the account test qualification on the date when the vacancy arose on 20-6-1980. He, however, contended that he was permanently exempted from acquiring the test qualification in view of R.48B(2) As he attained the age of 50 years as early as 1976 and had in 1980,25 years of service to his credit. If R.44B(2) applied to his case, he has to succeed, for the authorities then, would, be wrong in denying him the benefit of the statutory exemption.

(3.) But the appellant in WA No. 283 of 1982, Shri. K.C. Gangadharan Pillai and the State in WA No. 446 of 1982 contend that the first respondent had opted to be governed by the provisions contained in Chap.14B, that he was entitled to continue in service till. the age of 60 years and therefore sub-r.(3) alone and not sub-r.(2) of R.44B applied and thus he could claim permanent exemption from the test qualification only when he attained 55 years and not earlier. In this view it is submitted that he could be deemed to be qualified on the strength of the exemption only in 1981 and not in 1980, when the vacancy arose.