B ASOKAN Vs. S VIMALA

JUDGEMENT

(1.) Shaffique, J 1. These two appeals arise from a common order dated 20.1.2016 in W.P.(C).Nos 34849/2004 and 8297/2005. The issue relates to the qualification among two persons who were the rival claimants to the post of Head Master in an Upper Primary School. The Educational Authorities as well as the Government had formed an opinion that one among them was qualified to become the Head Master in so far as he had acquired the requisite qualification. This came to be challenged by the other contesting respondent placing reliance on Rule 45 of Chapter XIV A of the Kerala Education Rules, 1959 (for short 'KER'). It was contended that in so far as the appellant had acquired the teaching experience after acquisition of LTTC, he is eligible to be appointed as Head Master. Further, this Court by interpreting Rule 45 and placing reliance on the judgment of a Division Bench in Mallika v. Manager 2001 (3) KLT 892 held that continuous 5 years experience is required after acquisition of B.Ed. The issue is in fact covered by a Full Bench judgment in Raghavan v. State of Kerala (1988 (1) ILR Kerala 339) and also the Division Bench judgment in Mallika (supra). This Court after considering the scope of Rule 45 and the amendment, held that the 5 year experience had to be acquired after completing the B.Ed course.