PAULOSE E. A. Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The prayers in this writ petition are for quashing Ext. P11 and the order of appointment of the 4th respondent as Headmaster in the school, of which the 3rd respondent is the Manager. There is a further prayer to require respondents 1 to 3 to ensure that the petitioner is appointed as Headmaster.

(2.) The issue raised in this writ petition is mainly the conflicting claims of the petitioner and the 4th respondent to be appointed as Headmaster of MDPS - UPS, Ezhur in Malappuram District in the vacancy that arose on 01/05/2004.

(3.) Briefly stated, the facts of the case are that, the petitioner is a Post Graduate with B. Ed. By Ext. P1 dated 24/06/1989 order he was appointed in the school as a UPSA. He has passed all necessary departmental tests for promotion to the post of Headmaster. In so far as the 4th respondent is concerned, his qualifications are SSLC and TTC and was appointed in the School as UPSA with effect from 06/06/1979. A vacancy of Headmaster arose in the school with effect from 01/05/2004 and according to the petitioner, he was entitled to be appointed to that vacancy. Ext. P2 is a representation made by the petitioner, in anticipation of the vacancy, requesting the Manager to promote and post him to the vacancy that was to arise on 01/05/2004. It is stated that, despite the fact that the petitioner had claimed the Headmaster's post, by Ext. P3 the Manager asked the retiring Headmaster to hand over charge to the 4th respondent.