K.P.SHAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ appeals arise out of the common judgment by which the learned Single Judge interfered with an order issued by the Regional Deputy Director of Higher Secondary Education, Kannur,rejecting the applicationssubmittedby the Manager of the KadamburHigher Secondary School ('the School' for brevity) for approving the appointmentof a HigherSecondary School Teacher as Principal-in-charge. The rejection of approval was for the reason that as per G.O.(MS) No.122/2002/G.Edn.dated 21.5.2002, the Government had directed the senior most HSST in the school tobeplaced as Principal-in-charge and Sri.Raghuraj M.K, the HSST appointed by the Manager, not beingthesenior most was not entitled to be posted as the Principal-in-charge. It was directed that the senior most HSST should be posted as Principal-in-charge. In view of the rejection, the Regional Deputy Director decided to function as the Drawing and Disbursing Officer of the School till the senior most HSST is posted as Principal-in-charge. By the impugned judgment, the learned Single Judge interfered with the directions of the RegionalDeputyDirector and permitted the Manager to appointany qualified HSST to hold the post of Principal-in-charge till the disciplinary proceedings againstthe senior most HSST in the school, who is under suspension, is over and to appoint the senior most HSST as the Principal on conclusion of thedisciplinary proceedings.

(2.) Writ Appeal No.1175 of 2019 arises out of writ petition No.36344 of 2018, filed by a teacher who claimed to be the senior most HSST in the School.Writ Appeal No.1583 of 2019 arises out of W.P.(C) No.22138 of 2018 filed by the Manager of the School. The appellant in Writ Appeal No.1583 of 2019 is the second respondent in the writ petition, who is working as an HSST in the School and had got himself impleaded as additional second respondent to voicehis objection against the action of the Manager.

(3.) A short conspectus of the essential facts are as follows: -