BINU P THAYIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a Non Vocational Teacher in English under the 3rd respondent School. He challenges Ext.P8 order and seeks a declaration that he is entitled to be appointed as Principal in charge with effect from the academic year 2015 onwards and that the 4th respondent, who is appointed as per Ext.P8 order is not eligible for such appointment since he does not have B.Ed. or pass in SET. He also seeks a declaration that Government is bound to create a post of Principal with immediate effect.

(2.) Petitioner and the 4th respondent were appointed as Non Vocational Lecturers in English and Commerce respectively on 03.10.1994 and their appointments were approved as per Ext.P1 order, in which petitioner is Sl.No.4 and the 4th respondent, is Sl.No.3. The qualification of the 4th respondent is M.Com (Second Class) from M.G.Unversity. The qualification of petitioner, is M.A. English Second Class with B.A. First Class. Their appointments with effect from 03.10.1994 were approved as per Ext.P1 order of the Director of Vocational Higher Secondary Education subject to the approval of Special Rules against the posts sanctioned.

(3.) At the time of appointment of the petitioner as well as the 4th respondent, the Special Rules for the Vocational Higher Secondary Education Service/Subordinate Service were not issued. The Special Rules were issued in the year 2004 and it was extended to the Aided Sector on 26.02007. The post of Principal does not exist under these Special Rules.