MAHATMA HIGH SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) Question that has come up for consideration in these cases is whether management of a school could deny future promotion to a teacher under R.43 of Chapter XIV-A of the Kerala Education Rules, relying on a relinquishment letter given by the teacher at the time of his/her appointment.

(2.) Third respondent in O.P.No. 15040 of 1998 was appointed as U.P.S.A. on 25.1.1995. She worked up to 31.3.1995. Her appointment was also approved by the second respondent. When third respondent was appointed, manager obtained a statement of relinquishment signed by the third respondent witnessed by two teachers and attested by the manager. Relinquishment letter was countersigned by the second respondent, District Educational Officer. A true contract of the relinquishment letter as follows:

(3.) A vacancy of H.S.A. (Natural Science) arose in the Mahatma High School on 20.6.1995. Third respondent submitted a representation before the Manager for promotion to that post, since there was no other claimant. Third respondent was fully qualified. Manager however, rejected her request vide his letter dated 20.7.1995 stating that since third respondent had relinquished her claim for promotion, she cannot be promoted in that vacancy. Third respondent then preferred a complaint before the District Educational Officer, who vide his order dated 3. 10,1997 rejected the request of the third respondent. District Educational Officer also relied on a circular No. ET 3-87201/96 dated 6.1.1997. Aggrieved by the same, third respondent filed O.P. No. 646 of 1998 before this Court. This Court disposed of the Writ Petition permitting the third respondent to file a revision before the Government. Government had now considered the revision and passed Ext. P11 order dated 23.7.1998 reversing the order of the District Educational Officer. According to Government R.43 of Chapter XFV-A protects the interests of teachers and that the action of the management in having obtained the relinquishment letter is ultra vires the provision of the Kerala Education Rules. Aggrieved by the said order Manager has filed O.P. No. 15040 of 1998.