BALAKRISHNAN NAIR M Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the manager of an aided school empowered to review and cancel the appointment of a teacher as Headmaster, after the appointment is approved by the Educational Officer, is the main question that arises for consideration in this writ appeal.

(2.) The appellants in this writ appeal, who are husband and wife, are the petitioners in O.P.No.18698 of 1998. The first appellant is the educational agency and the second appellant is the manager of Upper Primary School, Pulimath, an aided school situated within the territorial limits of the jurisdiction of the Assistant Educational officer, Kilimanoor.

(3.) The fifth respondent entered service as a part-time Sanskrit Teacher in Upper primary School, Pulimath, hereinafter referred to as the "school" for short, on 4.6.1973. His appointment as Part-time Sanskrit teacher was approved by the Assistant educational Officer. The state government had in G.O. (MS) No.62/73/G.Edn. dated 2.5.1973 ordered that Part-time language Teachers, who have put in more than 5 years of service and have 8 periods of work per week shall henceforth be made Full-time. In terms of the said government order, the fifth respondent was appointed as a Full-time Teacher of the school on 15.7.1978 after he completed 5 years of service. The fifth respondent's appointment as Full-time Sanskrit Teacher was also approved by the third respondent.