LALITHA, V. P. Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant / petitioner filed O.P. No. 732 of 1995 challenging her reversion order dated 10th January 1995,

(3.) The reversion order Ext. P - 2 came to be passed by the Assistant Educational Officer (A.E.O.), when respondent No. 4 acquired requisite qualification. R.45C, sub-rule (2) of the Kerala Education Rules (briefly, K.E.R.), provides that the teacher temporarily appointed under sub-rule (1) shall be replaced as soon as possible by the member of the service, who becomes entitled to the promotion under the Rules. R.45B(1), starting with a non obstante clause, states that notwithstanding anything contained in R.45 and 45A, Account Test (Lower) conducted by the Kerala Public Service Commission, shall be an obligatory qualification to the teachers for promotion as Headmasters of Lower Primary and Upper Primary Schools. It is not disputed that the 4th respondent acquired such qualification in July, 1993. Admittedly, neither the appellant nor the 4th respondent was qualified on 1st April 1992, when the vacancy occurred.