A. GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner and the 7th respondent had, while they were in service at the ASSM Teachers Training Institute, vied with each other for appointment to the post of Headmistress. Though, petitioner and the 7th respondent have retired from service, the dispute persists.

(2.) The petitioner was appointed as Teacher Educator, Upper Primary School Assistant and High School Assistant at the ASSM Higher Secondary School ("the school", for brevity) and the ASSM Teachers Training Institute ("the training institute", for short), for different spells during the period from 3.6.1990 to June, 2005. From June, 2005 onwards, the petitioner was appointed as Teacher Educator in the Training Institute and continued as such. The 7th respondent was the senior-most graduate teacher in the School during that period.

(3.) On retirement of the incumbent Principal on 31.5.2013, a vacancy of Headmistress arose in the Training Institute. The petitioner and the 7th respondent staked claim to the post of Headmaster/Headmistress. According to the petitioner, even though there were other senior teachers, including the 7th respondent, only the petitioner had the qualification prescribed by the National Council for Teacher Education, which was mandatory for appointment to the post of Headmaster/Headmistress. When his claim for appointment went unanswered, petitioner approached this Court by filing W.P(C).No.10779 of 2013, which was disposed of vide judgment dated 30.5.2013, directing the petitioner's claim to be considered. This resulted in Exhibit P5 order of the District Educational Officer, who, after hearing the petitioner and the 7th respondent, declared that the petitioner had the requisite qualification for appointment as Headmaster of the Training Institute. For arriving at Exhibit P5 decision, the District Educational Officer relied on a letter issued by the Director of Public Instructions dated 1.9.2009, directing that from the academic year 2009-2010 onwards, appointments to the post of Principal in Government and Aided Teachers Training Institutes should be effected from among persons having Post Graduation and M.Ed/B.Ed with 55% marks. On the basis of Exhibit P5 order, the petitioner was appointed as Headmaster with effect from 31.5.2013, as evidenced by Exhibit P6.