JOSHY ANTONY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Since these four writ petitions relate to the same subject matter, namely, appointment to the post of Principal in the St. Jopseph s Boys Higher Secondary School, Kozhikode, they have been heard together and are being disposed of by this common judgment.

(2.) The petitioner in W.P(C) Nos. 16693/2005, 27669/2005 and 22492/2006 is a higher Secondary School Teacher, who aspires for promotion to the post of Principal of the school and the petitioner in W.P(C) No. 29869/2005 is the Manager of the school, who contests the claim of the teacher for such promotion. For convenience, I shall refer to the rank of parties, pleadings and Exhibits as obtaining in W.P (C) No. 22492/2006, since the same are comprehensive and are sufficient for disposal of all the writ petitions.

(3.) The school is the only school owned by the Educational Agency. The petitioner entered the service of the school as a High School Assistant on 17-6-1992, at a time when the school was a High School. When Higher Secondary Section was sanctioned for the School, the petitioner was appointed as a Higher Secondary School teacher with effect from 24-8-1998. The petitioner possesses Masters Degree with 50% marks and B.Ed. Degree. One Rev. Fr. M.J. Augustine was originally appointed as the Principal of the school. But, he did not possess one of the prescribed qualifications, namely, Masters Degree with 50% marks. Although pursuant to the decision of this Court in A.H.S.S.T. Assn. v. State of Kerala,2005 2 KLT 94 and the Government Orders issued in accordance with the decision, the said Fr. M.J. Augustine was liable to be reverted, the Manager of the school did not do so and therefore the petitioner filed W.P(C) No. 16693/2005 seeking a direction to the Manager to revert the said Fr. M.J. Augustine and to appoint the petitioner as the Principal of the school. While so, by order dated 19-9-2005, the Manager appointed the 4th respondent as Principal of the school. According to the petitioner, the 4th respondent was appointed as H.S.A only on 9-9-1996 having continuous service as HSA only from 2-6- 1997, and as H.S.S. Teacher only with effect from 24-8-1998 and therefore did not possess the required experience qualification of 12 years prescribed for becoming eligible for promotion as Principal. Challenging the appointment of the 4th respondent as Principal of the school on the ground that he does not have the minimum approved teaching experience of 12 years prescribed for the post of Principal in Chapter XXXII of the Kerala Education Rules, the petitioner filed W.P (C) No. 27669/2005. The action of the Manager in placing the 4th respondent as the Principal of the school was also not approved by respondents 1 and 2. Challenging orders in this regard, the Manager filed W.P(C) No. 29869/2005.