USHAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is preferred by the petitioner. Original Petition was filed praying for a writ of certiorari to quash Exts. P2 and P3 orders.

(2.) A vacancy of Headmistress arose in the D.V.N.S.S. Upper Primary School Annoor on 31.5.1995. Manager appointed the third respondent in the O. P., Smt. Sumathykutty Amma as Teacher in Charge with effect from 1.6.1995. Appointment of the third respondent as Teacher in Charge was approved vide order dated 20.11.1995. Petitioner, Smt. Ushakumari, objected to the said appointment, and filed a representation to that effect before the Manager. Manager then sent her representation to the Assistant Educational Officer. Assistant Educational Officer vide his letter dated 14.2.1996 informed the Manager that petitioner was not eligible for preferential claim as per R.45 of Chap.14 of K.E.R. since she had not put in five years of service after acquiring the training qualification. It was also stated that she had not got service equal to one half of the period of service of the seniormost undergraduate teacher. However, it is seen that on a letter sent by the Manager to the Director of Public Instruction, the Director of Public Instruction replied vide letter dated 15.2.1996 stating that the petitioner was eligible to be appointed as Headmistress of the School. Accordingly petitioner was appointed as Headmistress of the School with effect from 23.2.1996. However, the said appointment was not approved by the Assistant Educational Officer.

(3.) The third respondent, Smt. Sumathykutty Amma completed 50 years of age in the meantime, and consequently raised a claim that she is permanently exempted from passing the test under R.44B(2) of Chap.14A of the K.E.R. She also approached this Court and filed O. P. No. 4337 of 1996. This Court disposed of the matter directing the Government to consider the matter. Government now passed Ext. P3 order holding that Smt. Sumathykutty Amma is entitled to get appointment as regular Headmistress with effect from 24.4.1996 on completion of 50 years of age. Those orders are under challenge in this Writ Petition. Learned single Judge found no infirmity in the order passed by the Government. Hence the Writ Petition was dismissed.